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)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION ELBERT LEE WILLIAMS, : : Plaintiff : : VS. : : SHERIFF CARLTON POWELL : and BRADLEY Medical Nurse, : : Defendants : _____________________________________ 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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