Robinson #172898 v. Young

Filing 15

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 Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, mkb)

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UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______ DARRYL A. ROBINSON #172898, Plaintiff, Case No. 1:13-cv-1047 v. Honorable Robert J. Jonker UNKNOWN YOUNG, Defendant. ____________________________/ 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 October 8, 2013, 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 December 3, 2013, (ECF Nos. 5, 6). In the dismissal, the Court warned Plaintiff that should he file a notice of appeal, he would be required to pay the $505.00 filing fee in a lump sum, because he is prohibited from proceeding in forma pauperis on appeal by § 1915(g). Plaintiff filed his first notice of appeal on July 7, 2017, (ECF No. 8). The Court denied Plaintiff’s request for in forma pauperis status because of Plaintiff’s three strikes. (ECF No. 9). Plaintiff never paid the filing fee. The Sixth Circuit Court of Appeals dismissed the appeal; not because Plaintiff failed to pay the fee, but because Plaintiff filed the appeal more than three years after the judgment he was appealing. (ECF No. 13.) Plaintiff has now filed a second notice of appeal, but, once again, has failed to submit the $505.00 filing fee for an appeal. As outlined in the Court’s 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 $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: September 14, 2017 /s/ Robert J. Jonker Robert J. Jonker Chief United States District Judge SEND REMITTANCES TO: Clerk, U.S. District Court 399 Federal Bldg. 110 Michigan St., N.W. 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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