Haywood v. Hardy et al

Filing 19

WRITTEN OPINION before Honorable Ronald A. Guzman: The plaintiff's motion for leave to appeal in forma pauperis 10 is denied. The court certifies that the appeal is not taken in good faith and orders the plaintiff to pay the appellate fees o f $455 within fourteen days or the Court of Appeals may dismiss his appeal for want of prosecution. The clerk is directed to send a copy of this order to the PLRA Attorney, U.S. Court of Appeals for the Seventh Circuit. [For further details see written opinion.] Mailed notice (ao,)

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Ronald A. Guzman

CASE NUMBER

(App. No. 12-1336) 11 C 6096

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

3/23/2012

Karl Haywood (R40742) v. Warden Marcus Hardy

DOCKET ENTRY TEXT:

The plaintiff’s motion for leave to appeal in forma pauperis [10] is denied. The court certifies that the appeal
is not taken in good faith and orders the plaintiff to pay the appellate fees of $455 within fourteen days or the
Court of Appeals may dismiss his appeal for want of prosecution. The clerk is directed to send a copy of this
order to the PLRA Attorney, U.S. Court of Appeals for the Seventh Circuit.

O [For further details see text below.]

Docketing to mail notices.

STATEMENT
The plaintiff has filed a notice of appeal from the judgment entered on December 23, 2011 [6] and seeks
leave to proceed in forma pauperis. For the reasons stated in the December 22, 2011 order, [5] the Court finds
that this action does not raise a substantial issue meriting appellate review. As the plaintiff has raised none in
his motion for leave to appeal in forma pauperis, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that the
appeal is not in good faith and that no appeal should be taken.
Under the rules of the U.S. Court of Appeals for the Seventh Circuit Court, if the district court certifies
that an appeal is not taken in good faith, the appellant cannot prosecute the appeal in forma pauperis but rather
must pay the appellate fees in full for the appeal to go forward. Consequently, the plaintiff must pay the full $455
within fourteen days or the Court of Appeals may dismiss his appeal for want of prosecution. See Evans v.
Illinois Dept. of Corrections, 150 F.3d 810, 812 (7th Cir. 1998). If the plaintiff wishes to contest this court’s
finding that the appeal is not taken in good faith, he must file a motion with the Court of Appeals seeking review
of this court’s certification within thirty days of service of this order. See Fed. R. App. P. 24(a)(5).

CR

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STATEMENT (continued)
In sum, the plaintiff’s motion for leave to appeal in forma pauperis is denied. The plaintiff is ordered to
remit to the Clerk of the Court the $455 appellate fee within fourteen days of the date of this order. If the plaintiff
fails to comply with this order, the Court of Appeals may dismiss his appeal. The plaintiff is responsible for
ensuring payment of the filing fees as directed by this order, and should ensure that the institution having custody
of him transmits the necessary funds. Nonpayment for any reason other than destitution shall be construed as a
voluntary relinquishment of the right to file future suits in forma pauperis. The obligation to ensure full payment
of the filing fees imposed by this order shall not be relieved by release or transfer to another prison. The plaintiff
is under a continuing obligation to inform the Clerk of this Court in writing of any change of address within seven
days.
Payment shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois
60604, attn: Cashier’s Desk, 20th Floor. Payment should clearly identify the plaintiff’s name, as well as the district
court and appellate court case numbers assigned to this action.
The clerk is directed to send a copy of this order to the PLRA Attorney, United States Court of Appeals for
the Seventh Circuit.

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