THOMPSON v. MEDICAL COLLEGE OF GEORGIA et al

Filing 17

ORDER DENYING 16 Motion for Leave to Appeal in forma pauperis. If Plaintiff wishes to proceed with his appeal, he must prepay the entire $455 appellate filing fee. Ordered by Judge Marc Thomas Treadwell on 11/1/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TONY D. THOMPSON,
Plaintiff
vs.
MEDICAL COLLEGE OF GEORGIA,
et al.,
Defendants
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NO. 5:12-cv-376 (MTT)
ORDER

Pro se Plaintiff TONY D. THOMPSON, GDC # 964768, has filed a motion to
proceed in forma pauperis on appeal (Doc. 16) from the Court’s October 3, 2012 Order
(Doc. 11) dismissing Plaintiff’s complaint without prejudice pursuant to 28 U.S.C.
§ 1915(g). The Order of dismissal was based upon Plaintiff’s having more than three
prisoner actions dismissed as frivolous by federal courts1 and his failing to allege that
he was in imminent danger of serious physical injury as a result of medical care at
Georgia Diagnostic and Classification Prison (“GD&CP”).2
In the Court’s best judgment, an appeal from the aforesaid Order cannot be
taken in good faith. 28 U.S.C. § 1915(a)(3). As discussed in the Order, the facts

1

See Thompson v. Georgia Medical College, et al., 6:03-cv-67-BAE-JEG (S.D. Ga. Sept.
17, 2003) (complaint and appeal); Thompson v. Smith, 6:03-cv-61-BAE-JEG (S.D. Ga. July 9,
2003) (complaint); and Thompson v. D’Alesandro, Jr., et al., 4:00-cv-232-WTM (S.D. Ga.
Nov. 7, 2000) (complaint and appeal).
2

Plaintiff stated in a letter to the Court (Doc. 7) that he was transferred from GD&CP on
September 16, 2012, which is date of Plaintiff’s complaint. Although the transfer may suggest
that Plaintiff was not in imminent when he filed his complaint, the Court did not rely upon this
fact in reaching its decision.

alleged in Plaintiff’s complaint do not support a finding of imminent danger. Thus, there
is no basis for allowing Plaintiff to proceed in forma pauperis on appeal in this case.
Having been carefully considered, Plaintiff’s motion to proceed in forma pauperis
on appeal is hereby DENIED. If Plaintiff wishes to proceed with his appeal, he must
prepay the entire $455 appellate filing fee.
SO ORDERED, this 1st day of November, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

clr

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