ABANIFI v. OUBRE et al

Filing 47

ORDER DENYING 45 and 46 Motions for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 7/11/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
EMEKA MICHAEL ABANIFI, JR.,
Plaintiff,
v.
Warden SHEILA OUBRE, et al.,
Defendants.

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CIVIL ACTION NO. 5:12-CV-421 (MTT)

ORDER
Plaintiff Emeka Michael Abanifi, Jr. filed a pro se civil rights complaint under 42
U.S.C. § 1983. (Doc. 1). The Plaintiff has now filed a notice of appeal in this case and
a motion to proceed in forma pauperis on appeal from this Court’s Order dismissing his
complaint for failure to exhaust his administrative remedies. (Docs. 42, 45, 46). In the
Court’s best judgment, an appeal from this Order cannot be taken in good faith. The
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 the Plaintiff wishes to proceed with his appeal, he must pay the entire $505.00
appellate filing fee. Because the Plaintiff has stated that he cannot pay the $505.00
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 the 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 the Plaintiff’s account until the
$505.00 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 $505.00 has been paid. Checks should be made payable to “Clerk, U.S.
District Court.”
The Clerk of Court is DIRECTED to mail a copy of this Order to the custodian of
the prison in which the 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 11th day of July, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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