Shaw v. Fite

Filing 17

ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal 16 is DENIED. IT IS FURTHER ORDERED that plaintiff shall either pay the $505.00 appellate filing fee to the United States Court of Appeals for th e Eighth Circuit, or file a motion there 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 Magistrate Judge Shirley Padmore Mensah on 8/10/17. (CAR)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ADRIAN DARCY SHAW, ) ) ) ) ) ) ) ) ) Plaintiff, v. AMY FITE, Defendant. No. 4:17-cv-1545-SPM ORDER This matter is before the Court on plaintiff’s motion to proceed in forma pauperis on appeal. When plaintiff’s case was dismissed, the Court certified in writing that an appeal would not be taken in good faith, see 28 U.S.C. § 1915(a)(3), and it is not apparent that plaintiff now seeks appellate review of any issue that is not frivolous. See Coppedge v. United States, 369 U.S. 438, 445 (1962). The Court will therefore deny the motion. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis on appeal (Docket No. 16) is DENIED. IT IS FURTHER ORDERED that plaintiff shall either pay the $505.00 appellate filing fee to the United States Court of Appeals for the Eighth Circuit, or file a motion there 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 10th day of August, 2017. SHIRLEY PADMORE MENSAH UNITED STATES MAGISTRATE JUDGE

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