Clemons v. Lombardi et al

Filing 68

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff 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 pri soner account statement for the six-month period immediately preceding the filing of the notice of appeal. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the "Motion to Proceed In Forma Pauperis - Prisoner Cases" form. Signed by District Judge Catherine D. Perry on June 20, 2014. (MCB)(Memorandum and Order and court provided form sent to Plaintiff this date.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION REGINALD CLEMONS, Plaintiff, v. GEORGE A. LOMBARDI, et al., Defendants, ) ) ) ) ) ) ) ) ) No. 4:13CV458 CDP MEMORANDUM AND ORDER This matter is before the Court on plaintiff=s notice of appeal. Plaintiff, 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 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 six-month 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 a copy of the “Motion to Proceed In Forma Pauperis - Prisoner Cases” form. Dated this 20th day of June, 2014. CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE 2

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