MOORE, PERCY EDWARD v. GONZALEZ, FBI DIRECTOR

Filing 61

Order Construing Notice of Appeal as Request to Proceed ifp. Trust Fund Account Statement due by 6/17/2009. Signed by Chief Judge Barbara B. Crabb on 5/27/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------PERCY MOORE, P la i n t i f f , v. FED ER AL BUREAU OF INVESTIGATION, D efendan t. --------------------------------------------Judgment was entered in this case on May 15, 2009, granting defendant's motion for su m m ary judgment and closing this case. Now plaintiff has filed an "appellant's docketing statem en t," which I am considering to be his notice of appeal. Because the notice is not accom pan ied by the $455 fee for filing his appeal, I construe plaintiff's notice to include a requ est for leave to proceed on appeal in forma pauperis. Plaintiff's request for leave to proceed in forma pauperis on appeal is governed by the 19 96 Prison Litigation Reform Act. This means that this court must determine first whether p lain tiff's request must be denied either because he has three strikes against him under 28 U .S.C. § 1915(g) or because the appeal is not taken in good faith. Plaintiff does not have th ree strikes against him, and I do not intend to certify that his appeal is not taken in good OR DER 0 6 - cv -6 9 7 - b b c

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f a i th . The only other hurdle to plaintiff's proceeding with his appeal in forma pauperis is the requirement that he pay an initial partial payment of the filing fee that has been calcu lated from a certified copy of his trust fund account statement for the six-month period im m ediately preceding the filing of his notice of appeal. 28 U.S.C. § 1915(a)(2). Plaintiff h as not submitted the necessary trust fund account statement. Until he does so, I cannot determ ine whether he is indigent and, if he is, the amount of his initial partial payment. Acco rdingly, IT IS ORDERED that plaintiff may have until June 17, 2009, in which to submit a certified copy of his trust fund account statement for the six-month period b egin n in g approximately November 22, 2008 to May 22, 2009. If, by June 17, 2009,

plaintiff fails to submit the required trust account statement or show cause for his failure to do so, then I will deny his request for leave to proceed in forma pauperis on the ground that he has failed to show that he is entitled to indigent status on appeal. E n tered this 27t h day of May, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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