Smith v. Rheams et al

Filing 147

AMENDED ORDER Regarding 145 Motion for Leave to Appeal in forma pauperis. Signed by Chief Judge Brian A. Jackson on 2/2/2016. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

THEODORE SMITH (#313084)

CIVIL ACTION

VERSUS
LUKE RHEAMS
AND TRAMPUS BUTLER

NO. 11-0482-BAJ

AMENDED ORDER REGARDING MOTION TO
PROCEED IN FORMA PAUPERIS ON APPEAL
Considering the appellant’s application for leave to proceed in forma pauperis on appeal, his
certified trust fund account statement or institutional equivalent, and all consents and other
documents required by the agency having custody of the appellant to withdraw funds from his
account,
IT IS ORDERED that the application for leave to proceed in forma pauperis on appeal
pursuant to 28 U.S.C. § 1915 be and it is hereby DENIED for the following reason:
Pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), the Court certifies that the
appeal is not taken in good faith. In doing so, the Court notes that the plaintiff-appellant has
not explicitly identified any appellate issues that merit serious substantive consideration, and
the Court is not aware of any such issues. The jury evaluated the evidence presented by the
plaintiff and determined that the plaintiff failed to establish, by a preponderance of the
evidence, that the defendants retaliated against the plaintiff for the exercise of his
constitutional rights. The Court also addressed the issues raised by the plaintiff in his
Motions for New Trial and found them to be without merit. See R. Docs. 136, 138 and 142.
WHEN PERMISSION TO APPEAL IN FORMA PAUPERIS IS DENIED BECAUSE THE COURT
CERTIFIES THAT THE APPEAL IS NOT TAKEN IN GOOD FAITH, THE FOLLOWING
SECTION SHALL BE COMPLETED.
Although this Court has certified that the appeal is not taken in good faith under 28 U.S.C.
§ 1915(a)(3) and Fed. R. App. P. art. 24(a)(3), the applicant may challenge this finding
pursuant to Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997), by filing a separate motion to
proceed in forma pauperis on appeal, within thirty (30) days of the date of this Order, with
the Clerk of Court for the United States Court of Appeals for the Fifth Circuit. The cost to

file a motion to proceed in forma pauperis on appeal with the Fifth Circuit is as calculated
below, and if the appellant moves to proceed in forma pauperis in the Court of Appeals,
prison authorities will be directed to collect the fees in accordance with the following
calculation:
Appellant THEODORE SMITH (#313084) is assessed an initial partial filing fee in the
amount of $ 0.06 . The agency having custody of the appellant shall collect this amount
from the appellant’s trust fund account or institutional equivalent, when funds are available,1
and shall forward it to the Clerk of Court for the Middle District of Louisiana.
Thereafter, the appellant shall pay $ 504.94 , the remaining balance of the appellate filing
fees, in periodic installments. The appellant is required to make payments of 20% of the
preceding month’s income credited to the appellant’s prison account until the appellant has
paid the total filing fees of $ 505.00. The agency having custody of the appellant shall
collect this amount from the appellant’s trust fund account or institutional equivalent, when
funds are available and when permitted by 28 U.S.C. § 1915(b)(2), and shall forward such
amount to the Clerk of Court for the Middle District of Louisiana.
If the appellant moves to proceed in forma pauperis in the Court of Appeals, the Clerk of
Court shall mail or deliver by electronic means a copy of this Order to the plaintiff and to
the Centralized Inmate Banking Section for the Louisiana Department of Public Safety and
Corrections.
Baton Rouge, Louisiana, this 2nd day of February, 2016.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT

1

In the event that a prisoner’s inmate trust fund account does not contain the amount
assessed as an initial partial filing fee (initial fee), the prison shall withdraw from the appellant’s
account any portion of the initial fee that is available, and the appeal shall then proceed as if the
initial fee had been paid in full.