Foster v. Lombardi et al

Filing 23

MEMORANDUM AND ORDER...IT IS HEREBY 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 "Cle rk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that appeal of the instant action. IT IS FURTHER ORDERED that plaintiffs motion for extension of time t o "challenge the basis of the Court's dismissal" [Doc. # 17 ] is DENIED AS MOOT. In his motion plaintiff requested up through and until October 6, 2016 to file a motion for reconsideration of the Order of Dismissal. Plaintiff has fai led to file his motion and his time for doing so has passed. 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 District Judge Ronnie L. White on 10/27/2016. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILLIAM WINTWORTH FOSTER,
Plaintiff,
v.

GEORGE LOMBARDI, et al.,
Defendants.

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No. 4:16-CV-00373-RLW

MEMORANDUM AND ORDER
Plaintiff has filed a notice of appeal but has failed to pay the statutory filing fee .
Consequently, the Court will order plaintiff to pay the full $505 filing fee . Additionally, the Court
notes that plaintiff my 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 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.

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See Foster v. Moore, No. 2:91-CV-4539 (W.D. Mo.); Foster v. Malone, No . 2:90-CV-4058 (W.D.
Mo.); and Foster v. Rutledge, No. 2:89-CV-4496 (W.D. Mo.).

IT IS FURTHER ORDERED that plaintiffs motion for extension of time to "challenge
the basis of the Court' s dismissal" [Doc. #17] is DENIED AS MOOT. In his motion plaintiff
requested up through and until October 6, 2016 to file a motion for reconsideration of the Order of
Dismissal. Plaintiff has failed to file his motion and his time for doing so has passed.
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.
Dated this 27th day of October, 2016.

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UNITED STATES DISTRICT JUDGE

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