BOGGS v. Robertson et al

Filing 11

ORDER denying 10 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge Hugh Lawson on 1/7/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
HARRY LEE BOGGS, JR.,
Plaintiff,
VS.

WILLIAM ROBERTSON, et. al.
Defendants.
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CASE NO. 7:13-CV-0130-HL-TQL

PROCEEDINGS UNDER 42 U.S.C. § 1983
BEFORE THE U. S. MAGISTRATE JUDGE

ORDER
Plaintiff Harry Lee Boggs, who is currently incarcerated at the Valdosta State Prison in
Valdosta, Georgia, filed a pro se civil rights complaint under 42 U.S.C. § 1983. On October 9,
2013, the Court ordered Plaintiff to file, within twenty-one days, a certified copy of his trust
account statement and a proper § 1983 complaint and informed him that his failure to fully and
timely comply with that order could result in the dismissal of his complaint. (Doc. 4.) More
than forty days later, having heard nothing from Plaintiff, the Complaint was accordingly
dismissed without prejudice. See 28 U.S.C. § 1915A. (Doc. 5.) Judgment was entered on
November 20, 2013. (Doc. 6.)
Plaintiff has now filed a Notice of Appeal and a Motion to Proceed in forma pauperis on
Appeal (Docs. 7, 10) from this Court’s Order 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) (“An appeal
may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good

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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 $505.00 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 $505.00 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 $505.00
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 7th day of January, 2014.
s/ Hugh Lawson_________________________
HUGH LAWSON
UNITED STATES DISTRICT COURT JUDGE

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