KEY v. HARRINGTON et al
ORDER DISMISSING AS MOOT 35 Motion for Leave to Appeal and DENYING 37 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 5/23/2014. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
LEWIS KEY, JR.
SAMUEL LEWIS KEY, JR,
WILLIAM CURREY, et. al.
CASE NO: 5:13-CV-134-MTT
ORDER ON MOTIONS
Plaintiff Lewis Key, Jr., an inmate currently confined at Coastal State Prison, has
moved for an extension of time to file his notice of appeal and for leave to proceed in
forma pauperis on appeal.
Plaintiff’s Motion for an Extension of Time to File a Notice of Appeal (Doc. 35) is
DISMISSED as MOOT. Judgment was entered in this case on April 30, 2014, and
Plaintiff filed a timely notice of appeal (Doc. 36) on May 20, 2014. See Fed. R. App. P. 4
(a) (providing thirty days to file a notice of appeal). No extension of time is necessary.
Plaintiff’s Motion to Proceed in forma pauperis on appeal (Doc. 37) is DENIED.
Plaintiff seeks to appeal the Court’s March 19, 2014, Order dismissing his complaint. In
the Court’s best judgment, an appeal from that Order cannot be taken in good faith. 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 hereby DIRECTED to mail a copy of this Order to the
custodian of the prison in which Plaintiff is 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
SO ORDERED, this 23rd day of May, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?