Bray v. Warden Lebanon Correctional Institution

Filing 21

DEFICIENCY ORDER - It is hereby ORDERED that Plaintiff pay the filing fee of $455.00 not later than May 24, 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. The Clerk shall certify a copy of this Order to the Sixth Circuit Court of Appeals. Signed by Magistrate Judge Michael R Merz on 05/09/13. (pb1)(coa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
MICAH BRAY,
:
Petitioner,

Case No. 3:12-cv-303
District Judge Timothy S. Black
Magistrate Judge Michael R. Merz

-vsWARDEN, Lebanon Correctional
Institute
Respondent.

:

DEFICIENCY ORDER

This case is before the Court on Plaintiff’s filing of a Notice of Appeal (Doc. #20) 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 May 24, 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.
May 9, 2013.

s/ Michael R. Merz
United States Magistrate Judge