Tankesly v. Aramark Correctional Services et al

Filing 77

ORDER denying as moot 71 Motion to Appeal In Forma Pauperis, signed by Judge Samuel H. Mays, Jr. on 6/26/2023. (Mays, Samuel)

Case 1:18-cv-01058-SHM-cgc Document 77 Filed 06/26/23 Page 1 of 2

PageID 764

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
CALVIN TANKESLY,
Plaintiff,
v.
ARAMARK CORRECTIONAL
SERVICES, et al.,
Defendants.

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No. 18-cv-1058

ORDER DENYING AS MOOT MOTION TO APPEAL IN FORMA PAUPERIS
Before the Court is Plaintiff Calvin Tankesly’s September
1, 2022 pro se Motion to Appeal In Forma Pauperis. (ECF No. 71.)
Plaintiff’s prior motion to proceed before this Court in forma
pauperis was granted. (ECF Nos. 2, 4.) Because he was granted
pauper status before this Court, Plaintiff was entitled to appeal
in forma pauperis without further authorization from this Court.1
Fed. R. App. P. 24(a)(3). Plaintiff’s Motion, ECF No. 71, is
therefore DENIED as moot.2

1

Plaintiff failed to appeal in a timely manner, and his appeal was
dismissed by the Sixth Circuit for lack of jurisdiction. (ECF No. 73.)
2

Although a district court may remove a litigant’s entitlement to
appeal in forma pauperis by certifying that an appeal would not be
taken in good faith, the Court did not do so in its order disposing
of the case and declines to do so now. (See ECF No. 68.)

Case 1:18-cv-01058-SHM-cgc Document 77 Filed 06/26/23 Page 2 of 2

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SO ORDERED this 26th day of June, 2023.

/s/ Samuel H. Mays, Jr.
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

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