Williams et al v. Silvey et al

Filing 176

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff Earnest Williams shall, within thirty days of the date of this Order, either pay the $505 appellate filing fee1 or file a motion to proceed in forma pauperis on appeal with a certified cop y of his prisoner account statement for the six monthperiod immediately preceding the filing of the notice of appeal. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff Earnest Williams a copy of the Motion to Proceed In Forma Pauperis - Prisoner Cases form. Signed by Magistrate Judge Noelle C. Collins on 7/23/14. (JWJ)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ERNEST CORNELIUS WILLIAMS, et al., Plaintiffs, v. JUDITH SILVEY, et al., Defendants, ) ) ) ) ) ) ) ) ) No. 4:09CV211 NCC MEMORANDUM AND ORDER This matter is before the Court on plaintiffs’ notice of appeal. Plaintiff Earnest Williams, a prisoner, has neither paid the appellate filing fee nor filed a motion for leave to proceed in forma pauperis. Plaintiff must pay the fee or file a motion for leave to proceed in forma pauperis in order to proceed with the appeal. If plaintiff chooses to file a motion for leave to proceed in forma pauperis, he must also submit a prison account statement as required by 28 U.S.C. § 1915(a)(2). Accordingly, IT IS HEREBY ORDERED that plaintiff Earnest Williams shall, within thirty days of the date of this Order, either pay the $505 appellate filing fee1 or file a motion to proceed in forma pauperis on appeal with a certified copy of his prisoner account statement for the sixmonth period immediately preceding the filing of the notice of appeal. 1 If plaintiff chooses to pay the filing fee, plaintiff should make the remittance payable to AClerk, United States District Court,@ and to include upon it: (1) his or her name; (2) his or her prison identification number; (3) the case number; and (4) that the remittance is for the appeal of the instant action. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff Earnest Williams a copy of the “Motion to Proceed In Forma Pauperis - Prisoner Cases” form. Dated this 23rd day of July, 2014. /s/Noelle C. Collins NOELLE C. COLLINS UNITED STATES MAGISTRATE JUDGE 2

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