Settle v. United States Postal Office

Filing 17

ORDER DIRECTING PLAINTIFF TO FILE UPDATED TRUST ACCOUNT INFORMATION OR PAY THE FULL $505 APPELLATE FILING FEE. Signed by Judge James D. Todd on 9/21/2015. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
MIKE SETTLE,
Plaintiff,
VS.
UNITED STATES POSTAL SERVICE,
ET AL.,
Defendants.

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No. 14-2559-JDT-tmp

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

Plaintiff Mike Settle, 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. 5.) After granting leave to amend (ECF No. 8), the Court dismissed the complaint sua sponte
on September 9, 2015, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1); judgment was
entered on September 11, 2015. (ECF Nos. 13 & 14.) The order of dismissal also certified that an
appeal would not be taken in good faith. (ECF No. 13 at 11.) On September 18, 2015, Plaintiff filed
a notice of appeal (ECF No. 15) and a motion for leave to appeal in forma pauperis (ECF No. 16).
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, an updated in forma
pauperis affidavit and inmate trust account statement. Id. at 610; 28 U.S.C. § 1915(a)(2).
In this case, Plaintiff submitted an updated in forma pauperis affidavit. (ECF No. 16.)
However, both the accompanying certification by the trust account officer and the trust account
statement are dated June 19, 2015. These documents are not sufficiently current. Therefore, at the
present time, Plaintiff is not eligible to take advantage of the installment procedures of § 1915(b).
Accordingly, Plaintiff is hereby ORDERED to submit either the full $505 appellate filing fee or a
current certification and/or 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 one 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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