Allen v. Helton et al

Filing 64

ORDER: Without Plaintiff first properly filing a motion to pursue his appeal in forma pauperis and obtaining pauper status, he cannot rely on the provisions of 28 U.S.C. § 1915(b), which would allow him to pay the appellate filing fee over t ime. Moreover, his appeal cannot move forward unless and until he pays the appellate filing fee or obtains pauper status. Consequently, Plaintiff must, on or before October 13, 2017, submit the $505.00 filing fee or file a motion to pursue hi s appeal in forma pauperis. Plaintiff is again notified that if he fails to comply with this order, the Court of Appeals may dismiss his appeal for failure to prosecute. The Clerk is DIRECTED to provide notice of this Order to the Sixth Circuit Court of Appeals. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/19/17. (xc:Pro se party by regular mail. ) (6CCA via ecf.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
MARK ALLEN,
Plaintiff,
v.
KYLE HELTON et al.,
Defendant.

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NO. 1:16-cv-0011
CHIEF JUDGE CRENSHAW

ORDER
This is a civil rights action brought under 42 U.S.C. § 1983. On August 28, 2017,
Plaintiff filed a Notice of Appeal (Doc. No. 60), but failed to pay the appellate filing fee or to
apply in the manner required by law to proceed in forma pauperis on appeal. As a result, on
September 7, 2017 the Court issued an order of deficiency, explaining to Plaintiff that he must
pay the $505 appellate filing fee or apply to proceed in forma pauperis on appeal. (Doc. No. 62.)
On September 13, 2017, Plaintiff filed a notice, in the form of a letter, requesting
permission to make arrangements to pay the appellate filing fee. (Doc. No. 63.) Under the
provisions of the Prison Litigation Reform Act, if a prisoner is granted pauper status on appeal,
the appellate filing fee is collected over time according to the requirements set forth in 28 U.S.C.
§ 1915(b). However, to obtain pauper status, the prisoner must first file in the district court a
motion for leave to proceed in forma pauperis, a certified copy of a prisoner trust account
statement, and an affidavit of indigence. 28 U.S.C. § 1915(a).
Without Plaintiff first properly filing a motion to pursue his appeal in forma pauperis and
obtaining pauper status, he cannot rely on the provisions of 28 U.S.C. § 1915(b), which would
allow him to pay the appellate filing fee over time. Moreover, his appeal cannot move forward
unless and until he pays the appellate filing fee or obtains pauper status. Consequently, Plaintiff

must, on or before October 13, 2017, submit the $505.00 filing fee or file a motion to pursue his
appeal in forma pauperis.
Plaintiff is again notified that if he fails to comply with this order, the Court of Appeals
may dismiss his appeal for failure to prosecute.
The Clerk is DIRECTED to provide notice of this Order to the Sixth Circuit Court of
Appeals.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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