Stanley v. Haynes-Love et al

Filing 48

ORDER transferring 47 Motion for an extension of time to the USCA for the Sixth Circuit. Signed by District Judge Paul D. Borman. (DPer)

Case 2:18-cv-10207-PDB-MKM ECF No. 48 filed 05/18/20

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHNNY STANLEY,
Plaintiff,
v.

Case No. 18-cv-10207
Paul D. Borman
United States District Judge

BEVERLY HAYNES-LOVE, et al.,
Defendants.
_______________________________/
ORDER TRANSFERRING PLAINTIFF’S MOTION FOR AN EXTENSION
OF TIME [ ECF NO. 47] TO THE COURT OF APPEALS FOR THE SIXTH
CIRCUIT
This is a closed prisoner civil rights case. On August 21, 2019, the Court
adopted the Magistrate Judge’s Report and Recommendation, granted the
defendants’ motion for summary judgment, and dismissed this case in its entirety.
(ECF Nos. 41 and 42.) On September 17, 2019, Plaintiff filed a notice of appeal.
(ECF No. 43.) He subsequently applied for leave to proceed without prepayment of
the appellate filing fee (ECF No. 45), and on November 7, 2019, this Court denied
his application. (ECF No. 46.)
Plaintiff then applied to the United States Court of Appeals for permission to
proceed in forma pauperis (IFP) on appeal. The Sixth Circuit denied Plaintiff’s IFP
motion and directed him to pay the appellate filing fee to the District Court within

Case 2:18-cv-10207-PDB-MKM ECF No. 48 filed 05/18/20

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thirty days of the Sixth Circuit’s order. See Stanley v. Haynes-Love, et al., No. 192095 (6th Cir. Feb. 26, 2020). Plaintiff tendered a motion for reconsideration of the
Sixth Circuit’s order, but the Sixth Circuit declined to accept the motion because it
was untimely. Stanley v. Haynes-Love, et al., No. 19-2095 (6th Cir. Apr. 22, 2020).
Now before this Court is Plaintiff’s motion for an extension of time to pay the
appellate filing fee. (ECF No. 47.) Although the appellate filing fee must be paid to
the Clerk of this Court, the status of the filing fee is a matter under consideration in
the Court of Appeals. Thus, Plaintiff should have filed his motion for extension of
time in the Sixth Circuit Court of Appeals. To expedite appellate review of Plaintiff’s
motion, the Court orders the Clerk of Court to transfer Plaintiff’s motion for
extension of time to the United States Court of Appeals for the Sixth Circuit for
filing in appellate case number 19-2095.
IT IS SO ORDERED.
s/Paul D. Borman
Paul D. Borman
United States District Judge
Dated: May 18, 2020

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