Smith v. Montgomery County Sheriff's Office et al

Filing 171

DEFICIENCY ORDER re 170 Notice of Appeal filed by Billy M. Smith.. Signed by Magistrate Judge Michael R Merz on 8/16/2013. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
BILLY SMITH,
:

Case No. 3:10-cv-448

Plaintiff,
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vsMONTGOMERY COUNTY SHERIFF’S
OFFICE, et al.,
Defendants.

:

DEFICIENCY ORDER

This case is before the Court on Plaintiff’s filing of a Notice of Appeal (Doc. #170) 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
the Plaintiff pay the filing fee of $455.00 not later than August 28, 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.
August 16, 2013.

s/ Michael R. Merz
United States Magistrate Judge