MILLEDGE v. OWENS et al
Filing
80
ORDER denying 77 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Hugh Lawson on 5/15/2013. (nbp)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
WILLIE JAMES MILLEDGE,
Plaintiff
vs.
BRIAN OWENS, et. al.,
Defendants
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No. 5:11-CV-0452-HL-CHW
ORDER
Plaintiff WILLIE JAMES MILLEDGE has filed a Motion to Proceed in forma pauperis
on Appeal (ECF No. 77) from this Court’s Order (ECF No. 73) dismissing his Complaint. In the
Court’s best judgment, an appeal from this Order cannot be taken in good faith. Plaintiff’s
Motion to Proceed in forma pauperis on appeal is accordingly DENIED. See 28 U.S.C. §
1915(a)(3) (“An appeal may not be taken in forma pauperis if the trial court certifies in writing that
it is not taken in good faith.”); Fed. R. App. P. 24(a)(3) (“A party who was permitted to proceed in
forma pauperis in the district-court action . . . may proceed on appeal in forma pauperis . . .
unless . . . the district court . . . certifies that the appeal is not taken in good faith”).
If Plaintiff wishes to proceed with his appeal, he must pay the entire $ 455.00 appellate
filing fee. Because Plaintiff has stated that he cannot pay the $ 455.00 immediately, he must pay
using the partial payment plan described under 28 U.S.C. § 1915(b). Pursuant to § 1915(b), the
prison account custodian where Plaintiff is incarcerated shall cause to be remitted to the Clerk of
this Court monthly payments of 20% of the preceding month’s income credited to Plaintiff’s
account until the $ 455.00 appellate filing fee has been paid in full. Twenty percent of any
deposits into the prisoner’s account shall be withheld by the prison account custodian who, on a
monthly basis, shall forward the amount withheld from the prisoner’s account to the Clerk of this
Court each time the amount in the account exceeds $ 10.00 until the total filing fee of $455.00 has
been paid. Checks should be made payable to “Clerk, U.S. District Court.”
The Clerk of Court shall mail a copy of this Order to the custodian of the prison in which
Plaintiff is presently incarcerated.
Any further requests to proceed in forma pauperis on appeal should be directed, on motion,
to the United States Court of Appeals for the Eleventh Circuit, in accordance with Rule 24 of the
Federal Rules of Appellate Procedure.
SO ORDERED, this 15th day of May, 2013.
s/ Hugh Lawson
HUGH LAWSON, JUDGE
UNITED STATES DISTRICT COURT
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