DAVIS v. POWERS et al
ORDER denying 12 Motion for Leave to Appeal in forma pauperis. Ordered by US DISTRICT JUDGE HUGH LAWSON on 3/2/2017. (aks)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
LIN EDWARD DAVIS, SR.,
Sheriff CARLTON POWERS, et al,
Plaintiff Lin Davis has filed a motion to proceed in forma pauperis before the
United States Court of Appeals. The district courts may authorize an appeal without
prepayment of the fee required in the appellate courts if the moving party shows a financial
inability to prepay the appellate filing fee and seeks to present an objectively
non-frivolous, good-faith argument on appeal. 28 U.S.C. § 1915(a); Fed. R. App. P. 24(a).
See also Coppedge v. United States, 369 U.S. 438, 445 (1962).
In this case, Plaintiff’s financial affidavit states that he is unable to pay the appellate
filing fee; but, as this Court has previously found, Plaintiff is also barred by 28 U.S.C. §
1915(g) from proceeding in forma pauperis in the federal courts – regardless of his ability
to pay the courts’ filing fees – because three or more of his prior complaints or appeals
have been dismissed and count as “strikes” under § 1915(g) and his pleadings fail to
identify a real and imminent danger of serious physical injury so as to warrant exception to
the three-strikes rule.
Plaintiff, furthermore, has not articulated any specific issue he intends to raise on
appeal, and after review of Plaintiff’s motion, notice of appeal, and the prior orders in this
case, the Court does not find any obvious good-faith cause for appeal. In the event
Plaintiff simply intends to repeat, for the Court of Appeals, all arguments made in this case,
the Court finds, for the same reasons stated in prior orders, that the issues Plaintiff seeks to
raise on appeal lack arguable merit. The Court thus finds no objectively non-frivolous
argument for appeal and certifies, pursuant to § 1915(a)(3) and Rule 24(a)(3), that
Plaintiff’s appeal is not taken in good faith.
The Motion to Proceed in forma pauperis on Appeal is accordingly DENIED.
If Plaintiff wishes to proceed with this 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). The prison account custodian where Plaintiff is incarcerated shall thus 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 Plaintiff’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.”
SO ORDERED, this 2nd day of March 2017.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
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