Maisano v. Corizon Health Inc. et al

Filing 12

ORDER: The Court now CERTIFIES that the appeal of this matter is not in good faith. Pursuant to Rule 24(a)(5), the plaintiff may nonetheless file, within 30 days after service of this order, a motion with the Sixth Circuit Court of Appeals for leave to proceed as a pauper on appeal. Signed by District Judge Todd J. Campbell on 11/8/13. (xc:Pro se party by regular and certified mail; 6CCA via email.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

DALE MAISANO,
Plaintiff,
v.
CORIZON HEALTH INC., et al.,
Defendants.

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Case No. 3:13-cv-0857
Judge Campbell

ORDER
This action was dismissed for failure to prosecute after the Court denied the plaintiff’s application to
proceed in forma pauperis, and the plaintiff failed to submit the filing fee. The plaintiff has now filed a notice
of appeal. The plaintiff has not submitted either the $455 appellate filing fee or a motion under Rule 24(a) of
the Federal Rules of Appellate Procedure to pursue his appeal in forma pauperis.
The Court now CERTIFIES that the appeal of this matter is not in good faith and therefore that the
plaintiff would not be permitted by this Court to pursue his appeal in forma pauperis even if he had submitted
a motion to do.
Pursuant to Rule 24(a)(5), the plaintiff may nonetheless file, within 30 days after service of this order,
a motion with the Sixth Circuit Court of Appeals for leave to proceed as a pauper on appeal. Owens v. Keeling,
461 F.3d 763, 775 (6th Cir. 2006); Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999).
Plaintiff is notified that if he does not file a motion in the Sixth Circuit Court of Appeals within 30 days
of receiving notice of this order, or fails to pay the required appellate filing fee of $455.00 within this same time
period, the appeal may be dismissed for want of prosecution. Callihan, 178 F.3d at 804.
The Clerk of Court is DIRECTED to forward a copy of this Order to the Sixth Circuit Court of Appeals.
It is so ORDERED.

Todd Campbell
United States District Judge