Manley #207599 v. Unknown Party
Filing
7
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)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARTIN L. MANLEY,
Plaintiff,
v.
Case No. 1:12-cv-508
Honorable Paul L. Maloney
UNKNOWN PARTY,
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 6, 2012 (docket #3, 4), the Court entered an 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
failed to pay the filing fee in the required time period, and the Court dismissed the action on May
24, 2000 (docket #4). In the dismissal, the Court warned Plaintiff that, should he file a notice of
appeal, he would be required to pay the $455.00 filing fee in a lump sum, because he is prohibited
from proceeding in forma pauperis on appeal by § 1915(g).
Plaintiff now has filed a notice of appeal, but he 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 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 $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: July 3, 2012
/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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