Dismuke v. St. Louis County Justice Center et al

Filing 20

MEMORANDUM AND ORDER. This matter is before the Court on the remand from the Court of Appeals to determine plaintiff's in forma pauperis status. Plaintiff has no right to take an appeal from the Courts Order of Partial Dismissal, and as a resu lt, the Court finds that the appeal is not taken in good faith. If plaintiff wishes to proceed in forma pauperis on appeal, he must seek to do so in the appellate court. Accordingly, IT IS HEREBY ORDERED that the Court will not authorize plaintiff to proceed in forma pauperis on appeal. IT IS FURTHER ORDERED that the Clerk is directed to forward a copy of this Order to the Court of Appeals. Signed by District Judge E. Richard Webber on 8/8/2017. (Order forwarded to USCA via interoffice mail this date.)(CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
NICOLAS DISMUKE,
Plaintiff,
v.
ST. LOUIS COUNTY JUSTICE CENTER,
et al.,
Defendants,

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No. 4:17-CV-1349 SPM

MEMORANDUM AND ORDER
This matter is before the Court on the remand from the Court of Appeals to determine
plaintiff’s in forma pauperis status. Plaintiff has no right to take an appeal from the Court’s
Order of Partial Dismissal, and as a result, the Court finds that the appeal is not taken in good
faith. If plaintiff wishes to proceed in forma pauperis on appeal, he must seek to do so in the
appellate court.
Accordingly,
IT IS HEREBY ORDERED that the Court will not authorize plaintiff to proceed in
forma pauperis on appeal.
IT IS FURTHER ORDERED that the Clerk is directed to forward a copy of this Order
to the Court of Appeals.
So Ordered this 8th day of August, 2017.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE