Lovett v. Warden Southern Ohio Correctional Institution

Filing 43

DEFICIENCY ORDER re 42 Notice of Appeal filed by Kelvin R. Lovett. This case is before the Court on Plaintiffs filing of a Notice of Appeal (Doc. 42 ) which was not accompanied by the appellate filing fee of $455.00.Pursuant to McGore v. Wr igglesworth, 114 F. 3d 601 (1997), it is hereby ORDERED that Plaintiff pay the filing fee of $455.00 not later than February 15, 2013, to the Clerk of this Court, or file by that date a motion to proceed on appeal in forma pauperis with the Sixt h Circuit. Failure to pay the filing fee or file a motion to proceed in forma pauperis with supporting documents with the Sixth Circuit (1) may result in dismissal of the appeal for failure to prosecuteand (2) will result in this Courts assessing the entire filing fee against Plaintiff. If the appeal is dismissed for failure to prosecute, it will not be reinstated despite subsequent payment or filing of the in forma pauperis application. The Clerk shall certify a copy of this Order to the Sixth Circuit Court of Appeals. Signed by Magistrate Judge Michael R Merz on 01/28/2013. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
KELVIN R. LOVETT,
:
Petitioner,

Case No. 1:11-cv-518
:

-vs-

Chief Judge Susan J. Dlott
Magistrate Judge Michael R. Merz

WARDEN, Southern Ohio Correctional
Institution
:
Respondent.
DEFICIENCY ORDER

This case is before the Court on Plaintiff’s filing of a Notice of Appeal (Doc. #42) which
was not accompanied by the appellate filing fee of $455.00.
Pursuant to McGore v. Wrigglesworth, 114 F. 3d 601 (1997), it is hereby ORDERED that
Plaintiff pay the filing fee of $455.00 not later than February 15, 2013, to the Clerk of this Court, or
file by that date a motion to proceed on appeal in forma pauperis with the Sixth Circuit.
Failure to pay the filing fee or file a motion to proceed in forma pauperis with supporting
documents with the Sixth Circuit (1) may result in dismissal of the appeal for failure to prosecute
and (2) will result in this Court’s assessing the entire filing fee against Plaintiff. If the appeal is
dismissed for failure to prosecute, it will not be reinstated despite subsequent payment or filing of
the in forma pauperis application.
The Clerk shall certify a copy of this Order to the Sixth Circuit Court of Appeals.
January 28, 2013

s/ Michael R. Merz
United States Magistrate Judge