HINES v. NAZAIRE et al

Filing 67

ORDER DENYING 64 Motion for Leave to Appeal in forma pauperis. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/26/2015. (tlh)

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

DEBORAH HINES,

:
:
Plaintiff,
:
:
VS.
:
:
DOCTOR NAZAIRE, et al,
:
:
Defendants.
:
__________________________________

CIVIL No: 5:14-cv-0147-MTT-CHW

ORDER
Plaintiff Deborah Hines has filed a motion to proceed in forma pauperis on appeal
from the Court’s August 18, 2015, Order granting Defendants’ Motion to Dismiss. After
a review of Plaintiff’s Motion (ECF No. 64), the Notice of Appeal (ECF No. 60), and the
Order on the Defendants’ Motion to Dismiss (ECF No. 55), the Court finds that Plaintiff’s
appeal 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 her appeal, she must pay the entire $505.00
appellate filing fee.

Because Plaintiff has stated that she cannot pay the $505.00

immediately, she 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 26th day of October, 2015.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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