Fyke v. Correct Care Solutions Healthcare et al

Filing 75

ORDER: The plaintiff is GRANTED 30 days from the date of entry of this order on the docket in which to submit to the Clerk of this Court either the full appellate filing fee of $455.00 or an application to proceed on appeal in forma pauperis alo ng with a certified copy of his trust fund account statement for the six month period immediately preceding the filing of his Notice of Appeal. The Clerk is directed to forward a copy of this order to theClerk of the Court of Appeals. Signed by District Judge Aleta A. Trauger on 8/17/11. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

GEORGE R. FYKE
Plaintiff,
v.
CORRECT CARE SOLUTIONS
HEALTHCARE
Defendant.

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No. 3:10-0244
Judge Trauger

O R D E R
The plaintiff is an inmate at the Whiteville Correctional
Facility in Whiteville, Tennessee. He has filed a Notice of Appeal
(Docket Entry No.70).
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).
The plaintiff has submitted neither the full appellate filing
fee nor the requisite documentation to proceed on appeal in forma
pauperis. Therefore, the plaintiff is GRANTED thirty (30) days from
the date of entry of this order on the docket in which to submit to
the Clerk of this Court either the full appellate filing fee of
four hundred fifty five dollars ($455.00) or an application to
proceed on appeal in forma pauperis along with a certified copy of

his

trust

fund

account

statement

for

the

six

month

period

immediately preceding the filing of his 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.

____________________________
Aleta A. Trauger
United States District Judge