Trotter v. Ramsey, et al

Filing 59

ORDER DIRECTING PLAINTIFF TO FILE UPDATED FINANCIAL INFORMATION OR PAY THE FULL $505 APPELLATE FILING FEE. Signed by Judge James D. Todd on 8/7/15. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
EMMANUEL S. TROTTER,
Plaintiff,
VS.
DIANE RAMSEY, ET AL.,
Defendants.

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No. 13-1087-JDT-egb

ORDER DIRECTING PLAINTIFF TO FILE UPDATED FINANCIAL
INFORMATION OR PAY THE FULL $505 APPELLATE FILING FEE

Plaintiff Emmaneul S. Trotter, a prisoner acting pro se, filed a civil complaint pursuant to
42 U.S.C. § 1983. (ECF No. 1.) The Court granted leave to proceed in forma pauperis and assessed
the civil filing fee pursuant to the Prison Litigation Reform Act (“PLRA”), 28 U.S.C.
§§ 1915(a)-(b). (ECF No. 3.) On July 9, 2015, the Court granted summary judgment to the
remaining Defendants (ECF No. 56); judgment was entered on July 10, 2015 (ECF No. 57). On
August 7, 2015, Plaintiff filed a notice of appeal. (ECF No. 58.)
Generally, a plaintiff granted leave to proceed in forma pauperis is not required to pay filing
fees. 28 U.S.C. § 1915(a)(1). Because Plaintiff is a prisoner, however, he must pay the entire $505
appellate filing fee, although he may be able to take advantage of the installment payment method
of § 1915(b). See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), partially overruled
on other grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013). In order to take
advantage of the installment procedures, a prisoner plaintiff must submit, along with the notice of

appeal, an updated in forma pauperis affidavit and a current copy of his inmate trust account
statement for the last six months. Id. at 610; 28 U.S.C. § 1915(a)(2).
In this case, Plaintiff did not submit his updated financial information with the notice of
appeal; however, his cover letter requested that the Clerk send him the papers necessary to appeal
in forma pauperis. In response, the Clerk has mailed Plaintiff a copy of the appropriate in forma
pauperis affidavit form. Plaintiff is hereby ORDERED to submit either the full $505 appellate filing
fee or the updated in forma pauperis affidavit and a current trust account statement within 30 days
after the date of this order. If Plaintiff needs additional time to file the required documents, he may
request a 30-day extension of time from this Court.
If Plaintiff fails to file the required documents in a timely manner, the Court will deny leave
to appeal in forma pauperis and assess the entire $505 filing fee from his inmate trust account
without regard to the installment procedures, and the Sixth Circuit may dismiss the appeal for failure
to prosecute. However, if Plaintiff timely submits the necessary documents and the Court finds that
he is still indigent, then the Court will grant leave to appeal in forma pauperis and assess the filing
fee in accordance with the installment procedures of 28 U.S.C. § 1915(b).
The Clerk is directed to notify the Sixth Circuit of the entry of this order.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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