Carroll et al v. Fentress Co Sheriff Depart. et al

Filing 342

ORDER: The plaintiff is hereby GRANTED 30 days from the date of entry of thisorder on the docket in which to submit to the Clerk of Court either the full appellate filing fee of $505.00 or an application to proceed on appeal in forma pauperis w ith a certified copy of his trust fund account statement for the six month period immediately preceding the filing of the Notice of Appeal. Signed by District Judge Kevin H. Sharp on 3/25/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

JOSHUA LEE CARROLL and
WILLIAM CARTER KING
Plaintiffs,
v.
FENTRESS COUNTY SHERIFF’S
DEPARTMENT, et al.
Defendants.

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No. 2:11-0019
Judge Sharp

ORDER

The plaintiff is an inmate at the Whiteville Correctional Facility in Whiteville, Tennessee.
He has filed a Notice of Appeal (Docket Entry No. 341) challenging the dismissal of this action.
In order to prosecute a civil appeal, a prisoner plaintiff must first file a timely Notice of
Appeal accompanied by either the full appellate filing fee or an application to proceed in forma
pauperis with a certified copy of his trust fund account statement. 28 U.S.C. § 1915(a).
Plaintiff has submitted neither the full appellate filing fee nor the requisite documentation
to proceed on appeal in forma pauperis.
Accordingly, the plaintiff is hereby GRANTED thirty (30) days from the date of entry of this
order on the docket in which to submit to the Clerk of Court either the full appellate filing fee of
five hundred five dollars ($505.00) or an application to proceed on appeal in forma pauperis with
a certified copy of his trust fund account statement for the six month period immediately preceding
the filing of the Notice of Appeal.
If the entire filing fee is not paid or the appropriate indigency papers are not filed within the

designated thirty day period, the Court of Appeals may dismiss the appeal for failure to prosecute
under Rule 3(a), Fed. R. App. P., and this Court will assess the entire filing fee. If dismissed under
such circumstances, the appeal will not be reinstated despite payment of the full filing fee or
subsequent correction of any documentary deficiency. McGore v. Wrigglesworth, 114 F.3d 601 (6th
Cir.1997).
An extension of time to pay the filing fee or to file the appropriate documentation for pauper
status may be requested from this Court if filed within thirty days from the date of entry of this
order. Floyd v. United States Postal Service, 105 F.3d 274, 279 (6th Cir.1997).
The Clerk is directed to forward a copy of this order to the Clerk of the Court of Appeals.
It is so ORDERED.

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Kevin H. Sharp
United States District Judge