Riches v. Vick

Filing 14

4th Circuit letter to Appellant. (cgar, )

Riches v. Vick

Doc. 14

Case 3:07-cv-00434-HEH

Document 14

Filed 08/31/2007

Page 1 of 3

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT Lewis F. Powell, Jr. United States Courthouse Annex 1100 E. Main Street, Suite 501 Richmond, Virginia 23219-3517

Patricias Connor
Clerk

www.ca4.uscourts.gov

[phone]

Telephone

August

30,

2007

Jonathan Lee Riches
#40948-018 P. O. Box 340

FEDERAL CORRECTIONAL INSTITUTION WILLIAMSBURG
Salters, SC 29590

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CLERK. U.S. DISTRICT COURT RICHMOND. VA

Re:

07-7267

Riches v.

Vick

3:07-cv-00434-HEH

Dear

Appellant:

This appeal was docketed on 8/30/07 pursuant to Rule 12 of the Federal Rules of Appellate Procedure. Docket number 07-7267 should be placed on all papers subsequently submitted to this Court.
Under the Prison Litigation Reform Act, prisoners must pay to the

Clerk of the District Court the full appellate filing and docketing fee required for commencing an appeal. Full payment is required even unable to prepay this
if you proceeded in forma pauperis in the district

fee,

you may apply to pay the fee in installments
U.S. Court of

court.

If you are

by filing the enclosed forms with the Clerk's Office, Appeals, on or before 9/14/07:
1. 2.
3.

Application
{1 copy)

to

Proceed without

Prepayment of for

Fees

Prisoner Trust Account six months (2 copies)
Consent

Statement
Fees

the preceding

(2

to Collection of copies)

from Trust Account

You must give the Trust Account Statement form to a prison officer for each institution in which you have been confined during the preceding six months. A prison officer must complete and sign the Trust Account Statement and return the Statement and supporting
documents to you. You must complete and sign the Application to Proceed without Prepayment of Fees and Consent to Collection of Fees from Trust Account and submit all copies of all three forms

to the Clerk's Office, U.S. Court of Appeals, on or before 9/14/07 or your appeal will be subject to dismissal for failure to prosecute.

A prisoner who has previously filed, while incarcerated, three or more civil actions or appeals which were dismissed by a federal court as frivolous, malicious, or for failure to state a claim is not

Dockets.Justia.com

Case 3:07-cv-00434-HEH

Document 14

Filed 08/31/2007

Page 2 of 3

eligible to proceed without prepayment of the full filing fee unless the prisoner is under imminent danger of serious physical injury. If

pay the full
or this

this provision bars

appeal will be

filing fee to the district court on or before 9/14/07
subject to dismissal

you

from proceeding without prepayment,

you must

for failure to prosecute.

If you do not wish to proceed with this appeal,

you may file

a motion to dismiss the appeal under Rule 42(b) of the Federal Rules of Appellate Procedure, using the enclosed form. If the appeal is dismissed under Rule 42<b) now, no fees will be charged against your account. Once you have consented to collection of fees from your account, however, you may not withdraw your consent or avoid payment of the full appellate filing and docketing fee even if you voluntarily dismiss your appeal. A dismissal under Rule 42(b) is not a dismissal of the appeal as frivolous or malicious and would not count as one of the three such dismissals allowed under the Prison Litigation Reform
Act.

Yours

truly,
S. CONNOR

PATRICIA

Clerk

/s/ Anthony Webb
By:

Deputy Clerk Enclosure(s)

cc:

Fernando Galindo

Case 3:07-cv-00434-HEH

Document 14

Filed 08/31/2007

Page 3 of 3

awebl
MOTION FOR VOLUNTARY DISMISSAL

07-7267 Riches v. Vick 3:07-cv-00434-HEH

My name
the case

is
listed above which is

I

am the Appellant/Petitioner
in the United States Court

in

pending

of Appeals
42(b) of

for

the

Fourth Circuit,

in Richmond,

Virginia.
I

Under Rule
to

the

FEDERAL RULES

OF APPELLATE

PROCEDURE,

hereby move

have my case dismissed.
and will not be eligible

I

understand that

this appeal will be dismissed
a later date.

to be

reinstated at

Signature [Notarization Not Required]

Certificate of

Service

I

certify that and all

on attachments

I mailed a complete
to all parties,

copy of this Motion to
is shown below.

Dismiss

addressed as

Signature [Notarization Not Required]
[List here each party's name and

complete

mailing

address]