Smith et al v. Lombardi et al

Filing 17

MEMORANDUM AND ORDER re: 15 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff Derrick R. Smith motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 10/19/16. (MRS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION DERRICK R. SMITH, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. GEORGE LOMBARDI, et al., Defendants. No. 1:16-CV-112 ACL MEMORANDUM AND ORDER Plaintiff has filed a notice of appeal but has failed to pay the statutory filing fee [Doc. #8]. Consequently, the Court will order plaintiff to pay the full $505 filing fee. Additionally, the Court notes that plaintiff may not proceed in forma pauperis on appeal, because he has incurred more than three "strikes" pursuant to 28 U.S.C. § 1915(g).1 Accordingly. IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis on appeal [Doc. #15] is DENIED. IT IS FURTHER ORDERED that within thirty (30) days from the date of this Order, plaintiff shall pay to this Court the full $505 fee for filing an appeal. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for the appeal of the instant action. IT IS FURTHER ORDERED that plaintiff shall file any future document or pleadings in 1 See Smith v. Crawford, No. 09-6068-CV-SJ-HFS-P (W.D.Mo. 2009); Smith v. Phillips, No. 1:14CV186 ACL (E.D.Mo. 2015); Smith v. Beggs, No. 1:16CV89 SNLJ (E.D.Mo. 2016). connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Dated this 19th day of October, 2016. __________________________________ STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE -2-

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