Denton v. Shelby County Sheriff's Office et al

Filing 14

ORDER DIRECTING PLAINTIFF TO FILE UPDATED FINANCIAL INFORMATION OR PAY THE FULL APPELLATE FILING FEE. Signed by Chief Judge S. Thomas Anderson on 11/27/18. (skc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
LEON DENTON,
Plaintiff,
v.
SHELBY COUNTY, TENNESSEE and
THE STATE OF TENNESSEE
Defendants.

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No. 16-3010-STA-egb

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

Before the Court is Plaintiff Leon Denton’s Notice of Appeal (ECF No. 13) filed on
November 16, 2018. On September 13, 2018, the Court dismissed Denton’s complaint as part of
the screening required under 28 U.S.C. § 1915A(b) and entered judgment in the case. Denton
then filed a motion to proceed in forma pauperis on appeal (ECF No. 11) on October 5, 2018,
along with a copy of Denton’s inmate trust fund statement. However, Denton’s motion clearly
stated that Denton did not intend to the appeal the Court’s judgment in his case. Because it was
not clear to the Court whether Denton was seeking leave to appeal in forma pauperis or even
filing an appeal at all, the Court ordered Denton to clarify whether he intended to appeal the
Court’s ruling. In response to the Court’s order, Denton filed a letter, which the Court construes
as his Notice of Appeal.
The Court now must decide whether Denton qualifies for the installment procedures
available for the payment of the appellate filing fee. As a prisoner, Denton 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 inmate trust account
statement. Id. at 610; 28 U.S.C. § 1915(a)(2). Denton has filed a trust account statement but not
an updated in forma pauperis affidavit. Therefore, Denton has not shown that he is eligible to
take advantage of the installment procedures of § 1915(b). In the absence of such a showing,
Denton must pay the full $505 appellate filing fee.
Accordingly, Denton is hereby ORDERED to submit either the full $505 appellate filing
fee or an updated in forma pauperis affidavit and trust account statement within 30 days of the
date of this order. If Denton 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. The Sixth Circuit may dismiss the
appeal for failure to prosecute.
The Clerk is directed to send Denton a copy of the prisoner in forma pauperis affidavit
form along with this order. The Clerk is also directed to notify the Sixth Circuit of the entry of
this order.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: November 27, 2018

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