Alba v. Randle et al

Filing 174

ORDER: plaintiff is ordered to pay appellate filing fee of $455.00 to the Clerk of Court within 30 days from date of this Order. Signed by Honorable David C. Bramlette, III on 8/16/2011 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
PAUL ALBA, JR.

# 61319-080

VS.

PLAINTIFF
CIVIL ACTION NO. 5:10-cv-49(DCB)(MTP)

DELORES RANDLE, ET AL.

DEFENDANTS

ORDER REGARDING FILING FEE ASSESSMENT
On August 3, 2011, this Court entered an Order denying the
plaintiff’s motion to proceed on appeal IFP on the basis that the
appeal is not taken in good faith.
filing fee.

The Court now addresses the

“A prisoner litigant ... whose appeal has been

certified as taken in bad faith, must pay the full filing fee and
other costs when due, without the benefit of the accommodating
assessment procedures found in [Title 28] section 1915(b).”
v. Taylor, 117 F.3d 197, 200 (5th Cir. 1997).

Baugh

Accordingly,

IT IS HEREBY ORDERED that the plaintiff is granted thirty (30)
days from the date of this Order to pay to the Clerk of Court the
requisite appellate filing fee of $455.00, subject to dismissal of
the appeal for want of prosecution if he fails to timely pay.
SO ORDERED, this the 16th day of August, 2011.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE