Parks v. Coe et al

Filing 96

ORDER re 87 Notice of Appeal and 88 Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis ("IFP"). Plaintiff's request to proceed IFP on appeal is DENIED. Plaintiff shall tender the appellate filing and d ocketing fee of $505.00 to the Clerk of Court in this District on or before January 13, 2021. Alternatively, he may reapply to the Seventh Circuit Court of Appeals for leave to proceed in forma pauperis on appeal within 30 days. Signed by Judge Staci M. Yandle on 12/14/2020. (ksp)

Case 3:18-cv-01300-SMY Document 96 Filed 12/14/20 Page 1 of 2 Page ID #390

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAMON B. PARKS #B01868,

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Plaintiff,
vs.
JOHN COE, et al.
Defendants.

Case No. 3:18-cv-01300-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court for case management. Plaintiff filed a Notice of Appeal
(Doc. 87) and Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis
(“IFP”) on appeal (Doc. 88). He did not, however, file the necessary prisoner trust fund account
information required under 28 U.S.C. § 1915(a) or a motion for leave to proceed IFP on appeal.
(Doc. 82). On October 6, 2020, the Court ordered Plaintiff to file a trust fund statement and a
motion for leave to appeal IFP within 14 days (Doc. 93). Plaintiff filed a trust fund statement on
October 9, 2020 but to date, has not filed a motion for leave to proceed IFP on appeal.
A party who desires to appeal IFP must file a motion that shows the party’s inability to pay
or to give security for fees and costs, claims an entitlement to redress, and states the issues that the
party intends to present on appeal. FED.R.APP.P. 24(a)(1). When deciding a motion to appeal IFP,
the Court must determine whether the appeal is taken in good faith. An appeal is taken in good
faith if “… a reasonable person could suppose that the appeal has some merit.” Walker v. O’Brien,
216 F.3d 626, 632 (7th Cir. 2000)
The Court has examined Plaintiff’s Notice of Appeal (Doc. 87) and Affidavit
Accompanying Motion for Permission to Appeal In Forma Pauperis (“IFP”) on appeal (Doc. 88).
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Case 3:18-cv-01300-SMY Document 96 Filed 12/14/20 Page 2 of 2 Page ID #391

Neither pleading identifies the issues Plaintiff plans to raise in his appeal, nor do they reveal the
basis on which he intends to challenge the Court’s Order adopting the Report and
Recommendation and granting the motion for summary judgment (Doc. 85). Without this
information, the Court cannot say that his appeal is taken in good faith. See 28 U.S.C. § 1915(a)(3).
To the extent Plaintiff is seeking leave to proceed IFP on appeal, his request is DENIED.
Plaintiff shall tender the appellate filing and docketing fee of $505.00 to the Clerk of Court in this
District within THIRTY (30) days of the date of entry of this order (on or before January 13,
2021). Alternatively, he may reapply to the Seventh Circuit Court of Appeals for leave to proceed
in forma pauperis on appeal within this 30-day deadline. See FED. R. APP. P. 24(a)(5).
Plaintiff is REMINDED that he is under a continuing obligation to keep the Clerk of this
Court informed of any change in his whereabouts during the pendency of this appeal. This shall
be done in writing and not later than seven (7) days after a transfer or other change in address
occurs.
IT IS SO ORDERED.
DATE: December 14, 2020
s/ Staci M. Yandle_____________________
STACI M. YANDLE
UNITED STATES DISTRICT JUDGE

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