PEARSON v. TAYLOR et al

Filing 115

ORDER denying 113 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge HUGH LAWSON on 1/28/2015 (aks)

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

:
JERMICHAEL PEARSON,
:
:
Plaintiff
:
:
VS.
:
:
Warden CEDRIC TAYLOR, et al.,
:
:
:
Defendants
:
____________________________________:

NO. 7:13-CV-26 (HL)

ORDER

Plaintiff JERMICHAEL PEARSON, an inmate at Augusta State Medical
Prison, filed the instant action pursuant to 42 U.S.C. § 1983 (Doc. 1). By Orders dated
May 30, 2014, the Court granted Defendants’ dispositive motions (Docs. 85 & 86), and
final judgment was entered in favor of the Defendants on the same date (Doc. 87).

On

July 21, 2014, the Court received a document entitled “Plaintiff’s Supplemental
Appendix to Material Facts,” that, among other things, appeared to seek to alter or
amend the judgment entered in this case (Doc. 92). By Order dated November 10,
2014 (Doc. 98), the Court accepted the Magistrate Judge’s Recommendation (Doc. 97)
that Plaintiff’s purported motion to alter or amend judgment be denied. On December

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5, 2014, Plaintiff filed a Notice of Appeal (Doc. 104) “from the final judgment entered
in this action on 11/10/14” and on January 21, 2015, he moved to proceed in forma
pauperis on appeal (Doc. 113).
In the Court’s best judgment, an appeal from its Order cannot be taken in good
faith. Accordingly, Plaintiff’s motion to proceed in forma pauperis on appeal is hereby
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 his appeal, he must pay the entire $505.00
appellate filing fee.

Because Plaintiff has stated that he cannot pay the fee

immediately, he must pay using the partial payment plan described under 28 U.S.C. §
1915(b). Pursuant to section1915(b), Plaintiff’s custodian is hereby directed to remit to
the Clerk of this Court each month twenty percent (20%) of the preceding month’s
income credited to Plaintiff’s inmate account until the $505.00 filing fee has been paid
in full, provided the amount in the account exceeds $10.00. Checks should be made
payable to “Clerk, U.S. District Court.” The Clerk of Court is DIRECTED to send a
copy of this Order to the business manager at Plaintiff’s place of incarceration.

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Any further requests to proceed in forma pauperis on appeal should be directed
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 28th day of January, 2015.

s/ Hugh Lawson
HUGH LAWSON
UNITED STATES DISTRICT JUDGE
cr

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