Cody v. Warden Ross Correctional Institution
Filing
20
DEFICIENCY ORDER - 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 July 23, 2013, 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 supportingdocuments 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 ofthe 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 7/9/13. (CERTIFIED COPY TO COA) (kje1)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
JAMES CODY,
:
Case No. 2:10-cv-974
Petitioner,
District Judge Edmund A. Sargus
Magistrate Judge Michael R. Merz
-vsWARDEN, Ross Correctional
Institute
Respondent.
:
DEFICIENCY ORDER
This case is before the Court on Plaintiff’s filing of a Notice of Appeal (Doc. #19) 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 July 23, 2013, 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 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.
July 9, 2013.
s/ Michael R. Merz
United States Magistrate Judge
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