COBBLE v. ROYAL et al

Filing 22

ORDER DENYING 15 Motion for Leave to Appeal in forma pauperis. If Petitioner wishes to proceed with his appeal, he must pay the entire $ 455.00 appellate filing fee. The Clerk of Court is DIRECTED to mail a copy of this Order to the custodi an of the prison in which Petitioner 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. Ordered by Judge Marc Thomas Treadwell on 10/1/2013. (tlh)

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

DANIEL ERIC COBBLE,
Petitioner,
VS.
C. ASHLEY ROYAL, et. al.
Respondents.
________________________________

:
:
:
:
:
:
:
:
:

NO. 5:13-CV-00277-MTT-MSH

ORDER
Petitioner Daniel Eric Cobble, an inmate currently confined at Baldwin State
Prison, in Hardwick, Georgia, filed a pro se “Writ of Coram Nobis and Audita Querela”
(Doc. 1). After an initial review, conducted pursuant to 28 U.S.C. §1915 and 28 U.S.C.
§1915A, the Court determined that Petitioner had not stated a cognizable claim for relief
and was otherwise barred, under 28 U.S.C. §1915(g), from litigating his claims in forma
pauperis. The petition was accordingly dismissed without prejudice. See Order, Aug.
12, 2013 (Doc. 9). Petitioner now seeks to appeal this dismissal and has filed a Motion
to Proceed in forma pauperis on Appeal (Doc. 15).
In the Court’s best judgment, an appeal from the Court’s Order dismissing
Petitioner’s pleading cannot be taken in good faith. Petitioner’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 Petitioner wishes to proceed with his appeal, he must pay the entire $ 455.00
appellate filing fee. Because Petitioner 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 Petitioner 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 Petitioner’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 is DIRECTED to mail a copy of this Order to the custodian of the
prison in which Petitioner 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 1st day of October, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jlr

2