KIER v. PRINE et al

Filing 11

ORDER denying 9 Motion for Leave to Appeal in forma pauperis. Ordered by U.S. District Judge HUGH LAWSON on 11/20/2014. (nbp)

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

ROBERT KIER, JR.,
Plaintiff,
VS.
SHERIFF CHRIS PRINE, et. al,
Defendants.
______________________________

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CIVIL No: 7:14-CV-0145-HL-TQL

ORDER
Plaintiff ROBERT KIER, JR, has filed a motion to proceed in forma pauperis on appeal
from the Court’s November 10, 2014, Order (Doc. 6) dismissing his Complaint. In the Court’s
best judgment, an appeal from that order cannot be taken in good faith. Plaintiff’s Motion to
Proceed in forma pauperis (Doc. 9) 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 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. These funds 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 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 20th day of November, 2014.
s/ Hugh Lawson__________________
Hugh Lawson, Judge
UNITED STATES DISTRICT COURT
jlr

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