COBBLE v. FIELDS et al
ORDER dismissing as moot 15 Motion for Service; dismissing as moot 16 Motion for Contempt; and denying 18 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Marc Thomas Treadwell on 1/3/2013. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
DANIEL ERIC COBBLE,
SHEVONDAH FIELDS, et. al.,
Plaintiff Daniel Eric Cobble, a prisoner at Baldwin State Prison in Hardwick,
Georgia, filed a pro se civil rights complaint under 42 U.S.C. § 1983. After conducting a
preliminary view of his Complaint, this Court found that Plaintiff could not proceed in
forma pauperis in the instant case, as three or more of Plaintiff’s prior cases were
dismissed and count as “strikes” under 28 U.S.C. §1915(g). Plaintiff’s Complaint was
then dismissed without prejudice. See Dupree v. Palmer, 284 F.3d 1234 (11th Cir. 2002).
Plaintiff has now filed various post-judgment motions, including a Motion to for
Certification of Appealability (ECF No. 17), which the Court construes to be a Notice of
Appeal, and a Motion Proceed in forma pauperis on Appeal (ECF No. 18). In the Court’s
best judgment, an appeal from the Court’s Order dismissing Plaintiff’s Complaint 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 accordingly mail a copy of this Order to the custodian of
the prison in which Plaintiff is presently incarcerated.
Plaintiff’s other post-judgment motions (ECF No. 15 & 16) shall be as DISMISSED
as moot. If Plaintiff wishes to bring new civil rights claims against these Defendants, he
may do so by submitting a new complaint.
SO ORDERED, this 3rd day of January, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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