Wilson v. Bussey et al

Filing 60

ORDER denying Petitioner's leave to appeal in forma pauperis re 59 AFFIDAVIT in Support 56 MOTION for Leave to Appeal in forma pauperis re 58 F.R.A.P. construed as a Motion for Reconsideration. Signed by Judge J. Randal Hall on 04/13/2015. (thb)

IN THE UNITED

STATES DISTRICT COURT

SOUTHERN DISTRICT

OF

FOR THE

GEORGIA

AUGUSTA DIVISION
*

GENE RENARD WILSON,
*
*

Petitioner,
*

*

CV

113-054

v.

*

LT.

JONES,
*
*

Respondent,
ORDER

This

matter

February 26,

is

2015,

before

the

Court

on

its

own

initiative.

On

the Court denied Petitioner's motion for leave

to appeal in forma pauperis because he failed to submit the trust
fund account statement required by 28 U.S.C.
58.)

§ 1915(a)(1),

Court

previously

as well as the trust fund account statement

identified

Petitioner did not, however,

pauperis on appeal.
(Doc.

(Doc.

On March 18, 2015, Petitioner filed the affidavit required by

28 U.S.C.

the

§ 1915(a)(2).

59)

as

reconsideration,

a

as

deficient.

(Doc.

59.)

renew his motion to proceed in forma

The Court now construes Petitioner's filings
motion

for

reconsideration.

Upon

such

the Court DENIES Petitioner leave to appeal in

forma pauperis for the reasons identified in Exhibit A.

ORDER ENTERED at Augusta, Georgia, this

/3— day of April,

2015.

DAL

_

HALL

STATES DISTRICT JUDGE

SOUTHERN DISTRICT OF GEORGIA

EXHIBIT A

United States District Court
Southern District of Georgia
Augusta Division

GENE RENARD WILSON

)

vs

)

LT. JONES

)

CASE NUMBER l:13-cv-00054

FOR USE IN PRISONER CIVIL RIGHTS CASES
(All civil cases other than Habeas Corpus cases)

CERTIFICATION AND ORDER

ELIGIBILITY TO PROCEED ON APPEAL

IN FORMA PAUPERIS

Eligibility to proceed on appeal in forma pauperis

l.

The prisoner has filed with this Court a motion to
proceed on appeal in forma pauperis. Under 28 U.S.C. §
1915 (a), as amended by the Prisoner Litigation Reform
Act of 1995 (PLRA), the prisoner must submit an
affidavit and trust fund account statement,

even if

permitted to proceed in forma pauperis in the district
court. Pursuant to 2 8 U.S.C.
24 (a) , this Court hereby

§ 1915 and Fed.

R. App.

P.

I I GRANTS the motion to proceed in forma pauperis on
appeal,

DENIES
[V^DEN

the motion to proceed in forma pauperis
onappeal for the following reason(s):

iri/This Court CERTIFIES that the appeal is not

taken in good faith because /try$^l/^y/^s^)<&&

T

jOt^c^^^A^

I I The prisoner has failed to submit the
affidavit required by 28 U.S.C.

§ 1915(a)(1)

I I The prisoner has failed to submit the trust
fund account statement required by 28 U.S.C.
§ 1915(a)(2).

•

II.

Other:

Installment Payment Provisions
Pursuant to 28 U.S.C. § 1915, as amended by the PLRA,
and consistent with the prisoner-appellant's signed CONSENT
FORM (copy attached) authorizing payment of the required
$455.00 appellate filing fee from his or her prison account
to the district court, this Court hereby DIRECTS PAYMENT by
the prison account custodian of an INITIAL PARTIAL FILING
FEE, which shall be the GREATER of the following amounts:
(1)

2 0%

of

the

average

monthly

deposits

to

the

prisoner's account for the
six-month period
immediately preceding the date the notice of
appeal was filed (as indicated on the CONSENT
FORM);

or,

(2)

2 0%

of

the

average

monthly

balance

in

the

prisoner's account for that six-month period.
The agency having custody of the prisoner shall forward that
amount from the prisoner's account to the Clerk of this
Court by check made payable to "Clerk, U.S. District Court."

In addition, following payment of the initial partial
filing fee, MONTHLY PAYMENTS of 20% of the preceding month's
income credited to the prisoner's account are required until
Twenty
the total filing fee of $455.00 has been paid.
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

the

to the Clerk of

account

$455.00

has

exceeds

this

$10,00

been paid.

Court

until

Checks

"Clerk, U.S. District Court."

each time the amount in

the

total

should be

filing

fee

of

made payable to

III.

Transcripts of Proceedings

l^p^fhis Court will not presently require the preparation
of a transcript or the payment therefor by the United
States. To the extent that a transcript of any portion
of the District Court proceedings is required, the
Court of Appeals may more economically direct which
proceedings it requires to be transcribed.

[ | The Court Reporter shall transcribe the proceedings as
requested by the party proceeding in forma
and the United States shall bear the expense.

SO ORDERED, this

day of

JUDGE,

pauperis

,2015.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA