Payne v. Britten et al

Filing 155

ORDER that if Plaintiff wishes to withdraw his Notice of Appeal (Filing 152 ) and Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing 153 ), Plaintiff shall inform the court of such withdrawal within 10 days of the date of this order. T his court shall begin preliminary processing of Plaintiff's appeal by ordering from Plaintiff's institution a trust account statement reflecting Plaintiff's account activity and balance for the six months preceding the filing of the No tice of Appeal (Filing 152 ). The Clerk of Court shall (a) order from Plaintiff's correctional institution a trust account statement reflecting Plaintiff's account activity and balance for the six months preceding the filing of Plaintiffs Notice of Appeal, and (b) file such statement in this case. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER M. PAYNE,
Plaintiff,
v.
FRED BRITTEN, CHRISTOPHER
CONNELLY, MICHELLE
HILLMAN, LEE TINKLER, JERRY
BELL, MAILROOM PERSON 1,
MAILROOM PERSON 2, ET. AL.,
BENNY NOORDHOEK, CARINA
MCROBERTS, and J KUNZMAN,
Defendants.

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4:11CV3017

ORDER

Upon Plaintiff’s filing of a Notice of Appeal (Filing 152) and Motion for Leave
to Proceed in Forma Pauperis on Appeal (Filing 153), I hereby advise Plaintiff that
the filing of a notice of appeal will make him liable for payment of the full
$505.00 appellate filing fee regardless of the outcome of the appeal. This is
because the Prison Litigation Reform Act requires an incarcerated civil appellant to
pay the full amount of the $505.00 appellate filing fee by making monthly payments
to the court, even if he or she is proceeding in forma pauperis. 28 U.S.C. § 1915(b).
By filing a notice of appeal, Plaintiff will be consenting to the deduction of the
$505.00 filing fee from his prison account by prison officials. Accordingly,
IT IS ORDERED:
1.
If Plaintiff wishes to withdraw his Notice of Appeal (Filing 152) and
Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing 153), Plaintiff shall
inform the court of such withdrawal within 10 days of the date of this order;

2.
This court shall begin preliminary processing of Plaintiff’s appeal by
ordering from Plaintiff’s institution a trust account statement reflecting Plaintiff’s
account activity and balance for the six months preceding the filing of the Notice of
Appeal (Filing 152); and
3.
The Clerk of Court shall (a) order from Plaintiff’s correctional institution
a trust account statement reflecting Plaintiff’s account activity and balance for the six
months preceding the filing of Plaintiff’s Notice of Appeal, and (b) file such statement
in this case.
DATED this 18th day of November, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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