Smith et al v. Lombardi et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DERRICK R. SMITH,
GEORGE LOMBARDI, et al.,
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
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
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
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