HANKERSON v. UNITED STATES OF AMERICA

Filing 27

ORDER DENYING 26 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 4/16/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CLEVELAND HANKERSON,

:
:
Petitioner,
:
:
VS.
:
:
UNITED STATES OF AMERICA,
:
Department of Parole and
:
Probation,
:
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Respondent.
:
______________________________

CIVIL NO. 5:13-CV-78-MTT

ORDER
Plaintiff Cleveland Hankerson, an inmate currently confined at the United States
Penitentiary in Atlanta, Georgia, filed a pro se petition for a writ of mandamus pursuant
to 28 U.S.C. § 1361. On February 7, 2014, Respondent’s Motion to Dismiss Petitioner’s
motion for writ of mandamus was granted, and Petitioner’s motion was denied. (Doc.
21.) Judgment was entered on February 10, 2014. (Doc. 22.)
Plaintiff has now filed a Notice of Appeal and a Motion to Proceed in forma
pauperis on Appeal. (Doc. 26.) In the Court’s best judgment, after review of Plaintiff’s
case, 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 $505.00
appellate filing fee. Because 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 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 $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 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 16th day of April, 2014.

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