Robinson #172898 v. Unknown Party et al

Filing 13

ORDER DENYING IFP: plaintiff to pay the entire appeal fee of 505.00 within 28 days or the appeal may be dismissed by the Sixth Circuit Court of Appeals; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
DARRYL A. ROBINSON,
Plaintiff,
v.

Case No. 1:11-cv-751
Honorable Paul L. Maloney

UNKNOWN PARTY et al.,
Defendants.

____________________________/
ORDER DENYING LEAVE TO PROCEED
IN FORMA PAUPERIS ON APPEAL
This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. On
July 29, 2011, the Court issued an opinion and order (ECF Nos. 3, 4) denying Plaintiff leave to
proceed in forma pauperis because he was barred by the “three-strikes” rule of 28 U.S.C.
§ 1915(g). Plaintiff was ordered to pay the full civil action filing fee within 28 days. Plaintiff
failed to pay the filing fee in the required time period, and the Court dismissed the action on
September 12, 2011 (ECF Nos. 7, 8). In the dismissal, the Court warned Plaintiff that should he
file a notice of appeal, he would be required to pay the then-$455.00 filing fee in a lump sum,
because he is prohibited from proceeding in forma pauperis on appeal by § 1915(g).
Plaintiff filed a notice of appeal in 2011, and the Court denied him leave to proceed
on appeal in forma pauperis, for the reasons described the Court’s opinion and order denying him
pauper status in the district court. (ECF No. 6.) The Sixth Circuit subsequently dismissed
Plaintiff’s appeal for lack of prosecution. (ECF No. 9.)
Nearly seven years later, Plaintiff has filed another notice of appeal. (ECF No. 11.)
The appellate filing fee is now $505.00. As discussed in the Court’s order dismissing the action,

Plaintiff is not entitled to proceed on appeal in forma pauperis, because he has three strikes within
the meaning of 28 U.S.C. 1915(g). Plaintiff has twenty-eight (28) days from the date of entry of
this order to pay the entire filing fee for appealing a civil action, which is $505.00, 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.
IT IS SO ORDERED.

Dated:

April 27, 2018

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

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