Chattams v. Warden, Lebanon Correctional Insititution

Filing 23

DEFICIENCY ORDER. Signed by Magistrate Judge Michael R Merz on 8/27/2014. (kpf1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT CINCINNATI D’ANTHONY L. CHATTAMS, Petitioner, : - vs - Case No. 1:13-cv-205 District Judge Sandra S. Beckwith Magistrate Judge Michael R. Merz WARDEN, Lebanon Correctional Institution, : Respondent. DEFICIENCY ORDER This case is before the Court on Petitioner’s filing of a Notice of Appeal (Doc. #22) which was not accompanied by the appellate filing fee of $505.00. Pursuant to McGore v. Wrigglesworth, 114 F. 3d 601 (1997), it is hereby ORDERED that Petitioner pay the filing fee of $505.00 not later than September 11, 2014, to the Clerk of this Court, or file by that date with the Sixth Circuit a motion to proceed on appeal in forma pauperis. 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 Petitioner. 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. August 27, 2014. s/ Michael R. Merz United States Magistrate Judge

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