Crane v. Palmiter et al

Filing 53

ORDER DENYING IFP: the entire appeal fee of 605.00 must be paid within 28 days or the appeal may be dismissed by the Sixth Circuit Court of Appeals; signed by Magistrate Judge Ray Kent (fhw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
TIMOTHY ANDREW CRANE,
Plaintiff,

Case No. 1:24-cv-371

v.

Honorable Ray Kent

CHAD PALMITER 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. The Court
entered an opinion and order partially dismissing Plaintiff’s complaint on June 21, 2024 (ECF Nos.
11 and 12). Plaintiff has filed motions to proceed on appeal in forma pauperis (ECF Nos. 38, 42).
Because there is no final judgment in this matter from which to file an appeal to the Sixth Circuit
Court of Appeals, Plaintiff's motions for leave to appeal in forma pauperis are premature. See
Sassower v. Mead Data Cent., Inc., Nos. 92-3107, 92-3108, 1992 WL 34403, at *1 (6th Cir. Feb.
24, 1992) (citing Ambrose v. Welch, 729 F.2d 1084, 1085 (6th Cir. 1984) (per curiam)).
Accordingly,

Plaintiff

is

not

eligible

to proceed on

appeal

in

forma

pauperis.

28 U.S.C. § 1915(a)(3).
Plaintiff is informed that within 28 days from the date of this notice he must submit the
$605.00 filing fee or he must file in the United States Court of Appeals for the Sixth Circuit a
motion for leave to proceed in forma pauperis, a certified copy of a prisoner trust account
statement, and an affidavit of indigence. 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114

F.3d 601, 609 (6th Cir. 1997), overruled in other part by LaFountain v. Harry, 716 F.3d 944, 951
(6th Cir. 2013).
Plaintiff is also notified that if he fails to pay the filing fee or to file the required documents
as described above, the Court of Appeals may dismiss his appeal for failure to prosecute under
Rule 3 of the Federal Rules of Appellate Procedure. See McGore, 114 F.3d at 610. In that case,
this Court will assess the entire filing fee, which will be payable in full regardless of the previous
dismissal. See id. In addition, the appeal will not be reinstated even if Plaintiff subsequently pays
the filing fee or requests to proceed as a pauper. See id.
Accordingly,
IT IS ORDERED that leave to proceed in forma pauperis on appeal is DENIED and
Plaintiff must seek leave to appeal in forma pauperis in the Sixth Circuit Court of Appeals or pay
the filing fee as stated above.

Dated:

August 29, 2024

/s/ Ray Kent
Ray Kent
United States Magistrate 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.”

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