Nelson v. Warden, Chillicothe Correctional Institution
Filing 22
DEFICIENCY ORDER - This case is before the Court on Petitioners filing of a Notice of Appeal (ECF No. 21 ) which was not accompanied by the appellate filing fee of $505.00. Pursuant to McGore v. Wrigglesworth, 114 F. 3d 601 (1997), it is hereb y ORDERED that Petitioner pay the filing fee of $505.00 not later than October 31, 2017, 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 Courts 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. Signed by Magistrate Judge Michael R. Merz on 10/12/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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