Simpson #184722 v. Prison Health Services, Inc. et al

Filing 8

ORDER DENYING IFP UNDER THREE STRIKES RULE: plaintiff to pay the entire fee of $455.00 within 30 days or the case will be dismissed() ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb)

UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD JAMES SIMPSON, Plaintiff, v. PRISON HEALTH SERVICES, INC. et al., Defendants. ____________________________________/ ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. On September 28, 2009 (docket ##4, 5), the Court entered an opinion and order denying Plaintiff leave to proceed in forma pauperis because he has "three strikes" within the meaning of 28 U.S.C. § 1915(g). Plaintiff was directed to pay the filing fee within 30 days. He has not yet done so, but instead has filed a notice of interlocutory appeal and an application to proceed on appeal in forma pauperis . For the reasons outlined in the Court's memorandum opinion and order denying him pauper status in this Court based on § 1915(g), Plaintiff is barred from proceeding in forma pauperis on this appeal. Plaintiff has thirty days from the date of entry of this order to pay the entire filing fee for appealing a civil action, which is $455.00, to the Clerk of this Court. Plaintiff's failure to comply with this order may result in dismissal of this appeal without prejudice by the Sixth Circuit Court of Appeals. Case No. 1:09-cv-824 Honorable Paul L. Maloney

Dated:

October 20, 2009

/s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

SEND REMITTANCES TO THE FOLLOWING ADDRESS: Clerk, U.S. District Court 399 Federal Building 110 Michigan Street, NW Grand Rapids, MI 49503 All checks or other forms of payment shall be payable to "Clerk, U.S. District Court."

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