Giters v. LaClair et al

Filing 18

WRITTEN Opinion entered by the Honorable Rebecca R. Pallmeyer on 11/8/2012: Order entered on 11/07/12 17 is hereby vacated. Plaintiff has submitted a motion for leave to appeal in forma pauperis to the Court of Appeals, which directed that the motion be forwarded to the District Court. Plaintiff's motion for leave to appeal in forma pauperis [# 16 ] is denied. The court certifies that the appeal is not taken in good faith and orders the plaintiff to pay the appellate fees of $4 55 within fourteen days or the Court of Appeals may dismiss his appeal for want of prosecution. Plaintiff's motion to amend his complaint is denied. The Clerk is directed to send a copy of this order to the PLRA Attorney, U.S. Court of Appeals for the Seventh Circuit. Mailed notice(vcf, )

Order Form (01/2005)

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

Rebecca R. Pallmeyer

CASE NUMBER

12 C 6395

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

November 8, 2012

Jerome Giters (#2010-0108216) v. P.O. Ryan LaClair, et al.

DOCKET ENTRY TEXT:

Order entered on 11/07/12 [17] is hereby vacated. Plaintiff has submitted a motion for leave to appeal in forma pauperis
to the Court of Appeals, which directed that the motion be forwarded to the District Court. Plaintiff’s motion for leave to
appeal in forma pauperis [#16] 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. Plaintiff’s motion to amend his complaint is denied. 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
Plaintiff has filed a notice of appeal from the judgment entered on September 12, 2012, and seeks leave
to proceed in forma pauperis. Plaintiff filed suit on August 13, 2012, alleging excessive force on arrest by
Chicago Police Defendants on October 6, 2009. On August 15, 2012, the court ordered Plaintiff to show cause
as to why his complaint should not be dismissed as untimely. Plaintiff responded to the order to show cause with
a motion to reconsider, detailing the reasons why he believed he was entitled to equitable tolling. As explained
in an order entered on September 12, 2012, this court finds that Plaintiff failed to carry his burden. For the
reasons explained in that order, the court now concludes that this action does not raise a substantial issue meriting
appellate review. The court therefore 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, 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 in order for the appeal to go forward. See Evans v. Illinois Dept. of Corrections, 150
F.3d 810, 812 (7th Cir. 1998). If 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).
(CONTINUED)

AWL

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STATEMENT (continued)
In sum, Plaintiff’s motion for leave to appeal in forma pauperis is denied. 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 Plaintiff fails to
comply with this order, the Court of Appeals may dismiss his appeal. 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. 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 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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