HOLMES v. FYE et al
Filing
12
ORDER DENYING 11 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 12/3/2012. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MORRIS SCOTT HOLMES,
Plaintiff,
VS.
Dr. FYE, et. al.,
Defendants.
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NO. 5:12-cv-0247-MTT-CHW
ORDER
Plaintiff MORRIS SCOTT HOLMES, a prisoner at Calhoun State Prison in
Morgan, Georgia, has filed a Motion to Proceed in forma pauperis on Appeal (ECF No.
11) from this Court’s July 31, 2012, Order (ECF No. 5) dismissing his Complaint under 42
U.S.C. §1915(g). In the Court’s best judgment, an appeal from that 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.
SO ORDERED, this 3rd day of December, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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