JONES et al v. CAPE et al
ORDER DENYING 44 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 10/29/2014. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
WILLIAM BILLY CAPE, et. al.,
CIVIL No: 5:14-CV-0145-MTT-MSH
Plaintiff Daron Thomas has filed a motion to proceed in forma pauperis on appeal
from the Court’s September 15, 2014, Order (Doc. 39) dismissing his Complaint. In the
Court’s best judgment, an appeal from that Order cannot be taken in good faith.
Plaintiff’s Motion to Proceed in forma pauperis (Doc. 44) 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. These funds 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 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 29th day of October, 2014
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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