Mabie v. Chief Deputy Clerk et al
Filing
23
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Court will not allow plaintiff to proceed in forma pauperis on appeal. IT IS FURTHER ORDERED that plaintiff must either pay the $505 appellate filing fee or file a motion in the United States Court of Appeals for the Eighth Circuit for leave to proceed in forma pauperis. Signed by District Judge E. Richard Webber on April 22, 2014. (BRP)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILLIAM MABIE,
Plaintiff,
v.
CHIEF DEPUTY CLERK, et al.,
Defendants,
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No. 4:13CV02469 ERW
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff=s notice of appeal. Plaintiff has
not paid the appellate filing fee, and this Court will not permit plaintiff to proceed
in forma pauperis on appeal because it has certified that an appeal in this case
would not be taken in good faith.
See 28 U.S.C. ' 1915(a)(3).
Plaintiff’s
allegations are both frivolous and malicious. It is apparent that plaintiff’s purpose
for filing this case was harassment and not the vindication of a cognizable legal
right. As a result, the Court will order plaintiff either to pay the $505 appellate
filing fee or to file a motion in the United States Court of Appeals for the Eighth
Circuit for leave to proceed in forma pauperis.
Accordingly,
IT IS HEREBY ORDERED that the Court will not allow plaintiff to
proceed in forma pauperis on appeal.
IT IS FURTHER ORDERED that plaintiff must either pay the $505
appellate filing fee or file a motion in the United States Court of Appeals for the
Eighth Circuit for leave to proceed in forma pauperis.
So Ordered this 22nd day of April, 2014.
E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE
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