Phillips v. Loiterstein et al

Filing 12

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal is DENIED. IT IS FURTHER ORDERED that plaintiff shall, within thirty (30) days of the date of this Order, either pay the $505 appe llate filing fee or file a motion in the United States Court of Appeals for the Eighth Circuit for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that plaintiff shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. Signed by District Judge Audrey G. Fleissig on 02/23/2017. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CLINT PHILLIPS III,

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Plaintiff,
v.
DAVID LOITERSTEIN, et al.,
Defendants.

No. 4:16-CV-01236-AGF

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion to proceed in forma pauperis on appeal.
When the Court dismissed this action, it certified in writing that an appeal would not be taken in
good faith. As a result, Court will deny the motion. See 28 U.S.C. § 1915(a)(3).
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal
is DENIED.
IT IS FURTHER ORDERED that plaintiff shall, within thirty (30) days of the date of this
Order, 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.
IT IS FURTHER ORDERED that plaintiff shall file any future documents or pleadings in
connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit.
Dated this 23rd day of February, 2017.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE