Wilbon #162532 v. Buth et al

Filing 19

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 Paul L. Maloney (Chief Judge Paul L. Maloney, kw)

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

LOUIS ANTHONY WILBON,
Plaintiff,
v.

Case No. 1:13-cv-1155
Honorable Paul L. Maloney

GEORGE S. BUTH, 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 November 12, 2013 (docket ##7, 8), the Court entered an opinion and 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 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 January 16,
2013 (docket ##17, 18). 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 has now filed a notice of appeal, but has failed to submit the $505.00 filing
fee. 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.

Dated:

January 24, 2014

/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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