Lyles #132720 v. Crosby et al

Filing 43

ORDER DENYING IFP: plaintiff to pay the entire appeal fee of $455.00 within 28 days or the appeal may be dismissed by the Sixth Circuit Court of Appeals; ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb)

-JGS Lyles #132720 v. Crosby et al

Doc. 43

UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ROGER L. LYLES, Plaintiff, v. DELORES CROSBY 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 June 10, 2010, the Court entered an order (docket #14) denying Plaintiff leave to proceed in forma pauperis because he has "three strikes" within the meaning of 28 U.S.C. § 1915(g). The Court ordered Plaintiff to pay the $350.00 civil action filing fee or his action would be dismissed without prejudice. Plaintiff paid the $350.00 filing fee on July 12, 2010. On August 26, 2010, the Court entered an opinion, order and judgment dismissing Plaintiff's action (docket ##31-33). Plaintiff has now filed a notice of appeal. Because Plaintiff is prohibited from proceeding in forma pauperis on appeal by 28 U.S.C. § 1915(g), Plaintiff must pay the $455.00 appellate filing fee in a lump sum. Plaintiff, however, has failed to submit the $455.00 filing fee. As outlined in the Court's memorandum opinion and order denying him pauper status based on § 1915(g), Plaintiff is barred from proceeding in forma pauperis on this appeal. Plaintiff has twentyCase No. 1:10-cv-528 Honorable Paul L. Maloney

Dockets.Justia.com

eight (28) 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.

Dated:

November 10, 2010

/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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