Smith v. Birtch et al

Filing 16

MEMORANDUM AND ORDER re: 14 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff Derrick R. Smith. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal [Doc. #14] 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 S tates 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 connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Signed by Magistrate Judge Abbie Crites-Leoni on 10/18/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DERRICK R. SMITH,

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Plaintiff,
v.
KIMBERLY BIRCH, et al.,
Defendants.

No. 1:16-CV-223 ACL

MEMORANDUM AND ORDER
Plaintiff has filed a notice of appeal but has failed to pay the statutory filing fee [Doc. #10].
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. #14] 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
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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 18th day of October, 2016.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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