Nunnally v. DANFORTH et al

Filing 47

ORDER denying 44 Motion to Appoint Counsel ; denying 46 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge Hugh Lawson on 11/18/2013. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION GREGORY D. NUNNALLY Plaintiff, VS. Warden DANFORTH, et. al. : : : : : : : : NO. 7:12-CV-095-HL-TQL Defendants ____________________________________ ORDER Plaintiff GREGORY D. NUNNALLY has filed a Motion to Proceed in forma pauperis on Appeal (Doc. 46) from this Court’s Order (Doc. 39) dismissing his Complaint. In the Court’s best judgment, an appeal from this Order 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); Fed. R. App. P. 24(a)(3). For the same reason, and because of the lack complexity or novelty of the issues on appeal, Plaintiff’s Motion for the Appointment of Counsel on appeal (Doc. 44) is also DENIED. See Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987); Jones v. Brown, 518 F. App’x 643, 644 n.1 (11th Cir. 2013). If Plaintiff wishes to proceed with his appeal pro se, 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 1 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 presently 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 18th day of November, 2013. s/ Hugh Lawson HUGH LAWSON, JUDGE UNITED STATES DISTRICT COURT jlr 2

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