Stewart v. Baker et al

Filing 33

ORDER denying 31 motion for leave to appeal in forma pauperis; denying 30 motion to compel. Initial fee is $1.42. Signed by District Judge Nanette K. Laughrey on 6/12/09. (Bax, Laura)

TNTHE T]NITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

No. 182472, C.J.STEWART,Register Plaintifl
v. DR. THOMAS BAKER. et al.. Defendants.

N o . 08-421I-CV-C-NKL

ORDER for and On May 15,2009,plaintifffiled a noticeof appeal on May 28,2009,a request triggersthe assessment in leaveto proceed formapauperis appeal.Plaintiff s noticeof appeal on for of consent the deduction frling fee in the amountof $455.00, constitutes and of the appellate v. Henderson Norris,129F.3d481,484 (8th t h a tfeefrom his inmate account.28 U.S.C.$ 1915; Cir.1997). however,may not be takenif the court certifies,in writing, An appealin forma pauperis, is that it is not takenin goodfaith. 28 U.S.C.$ 1915(aX3).The courtfinds plaintiff s appeal not without prejudice,for failure to his takenin goodfaith because claimswereproperly dismissed, exhaustadministrativeremedies. Although the district court is denyingplaintiff leaveto proceedin forma pauperison by under28 U.S.C.$ 1915, filing with ttreappellate appealplaintiffmay still seekto proceed , Plaintiff Rulesof AppellateProcedure. courta timely motionunderRule 24(a)of the Federal withoutthe benefitof 28 U.S.C.$ 1915,by his as alsomaypursue appeal a regularappellant, payingthe full appellatefiling feeto the clerk of the district court within thirty days. If plaintiff his maybe his as doesnot file a Rule 24(a)motionor pursue appeal a regularappellant, appeal dismissed the appellate by court. The denial of in forma pauperisstatusby the district court doesnot relieveplaintiffof the has obligationto pay the appellatefiling fee. Accordingly,plaintiff s financial documentation beenreviewedandan initial filing fee hasbeencalculated.

THEREFORE,IT IS ORDEREDthat plaintiff s appealis not takenin goodfaith and on plaintiff is deniedleaveto proceed formapauperis appeal.[31] It is further in at ORDEREDthat plaintifPsinitial filing feeis calculated $1.42andthe Missouri Deparhnent Correctionsis directedto deductfrom plaintiff s inmateaccount,and forward to of in the court, the initial filing fee and installmentpayments, accordwith the provisionsof 28 filing fee is paid in full. It is turther appellate U.S.C.$ 1915,until the $455.00 ORDEREDthat plaintiff s motion to compelis denied,without prejudiceto necessary. courtif determined reconsideratioby the appellate n [30]

NANETTE K. LAUGHREY District Judge United States

D a t e d6- ()--o7 :
City, Missouri Jefferson