Butts v. White et al

Filing 86

ORDER denying 84 Motion for Leave to Appeal in forma pauperis; denying 85 Motion to Appoint Counsel. Ordered by Judge Hugh Lawson on 10/25/2011. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
LONNIE BUTTS,

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:
Plaintiff
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VS.
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Officer BATES, et. al.,
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Defendants
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_____________________________________

CIVIL ACTION NO.: 7:08-CV-7-HL

ORDER
Plaintiff LONNIE BUTTS has filed a Motion for Leave to Proceed in forma pauperis on
Appeal [Doc. 84] from this Court’s September 8, 2011 Order [Doc. 80], which adopted the
Recommendation of the United States Magistrate Judge and granted summary judgment in favor of
Defendants. 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). Thus, having been carefully considered, Plaintiff’s Motion to Proceed
in forma pauperis on Appeal is DENIED. For the same reason, Plaintiff’s pending Motion for the
Appointment of Counsel on Appeal [Doc. 85] is also DENIED.
If Plaintiff wishes to proceed with his appeal, he must pay the entire $ 455.00 appellate
filing fee. Because Plaintiff 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 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 $ 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 Plaintiff is incarcerated.

SO ORDERED AND DIRECTED this 25th day of October, 2011.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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