Williams v. Powell
Filing
20
ORDER denying 17 Motion for Leave to Appeal in forma pauperis. Ordered by Judge Hugh Lawson on 10/25/2011. (nbp)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
ELBERT LEE WILLIAMS,
:
:
Plaintiff
:
:
VS.
:
:
SHERIFF CARLTON POWELL
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and BRADLEY Medical Nurse,
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Defendants
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_____________________________________
CIVIL ACTION NO.: 7:11-CV-87-HL
ORDER
Plaintiff ELBERT LEE WILLIAMS, has filed a Motion to Proceed in forma pauperis on
Appeal [Doc. 17] from this Court’s October 17, 2011 Order. 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.
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
jlr
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