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)

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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.” -2-

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