Moore, Rodney v. Tobiasz, Ryan et al

Filing 27

ORDER denying plaintiff's Request to Proceed ifp on Appeal in cases 12-cv-472-wmc, 12-cv-612-wmc, 12-cv-714-wmc and 13-cv-138-wmc. Signed by District Judge William M. Conley on 5/31/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

RODNEY C. MOORE,
Plaintiff,
v.

ORDER
12-cv-472-wmc

RYAN TOBIAZ, LIEUTENANT RYMARKIWICZ,
CAPTAIN BAUER, TONI MELI, DAWN LANDERS,
MARTHA BREEN, LORI ALSUM O’DONOVAN,
CAPTAIN O’DONOVAN, OFFICER PELKO,
WARDEN WILLIAM POLLARD, CAPTAIN HOLMS,
JEFFREY GARBELMAN, and MS. KAMHAIS,
Defendants.
RODNEY C. MOORE,
Plaintiff,
v.

ORDER
12-cv-612-wmc

LORI ALSUM, BELINDA SCHRUBBE,
CAPTAIN BAUER, CAPTAIN HOLMS,
WARDEN WILLIAM POLLARD, and
RYAN TOBIAZ,
Defendants.
RODNEY C. MOORE,
Plaintiff,
v.

WARDEN WILLIAM POLLARD,
JEFFREY GARBELMAN, RYAN TOBIAZ,
LORI ALSUM, TONI MELI, MS. KAMHAIS,
and CAPTAIN O’DONOVAN,
Defendants.

ORDER
12-cv-714-wmc

RODNEY C. MOORE,
Plaintiff,

ORDER

v.

13-cv-138-wmc

DEPARTMENT OF CORRECTIONS,
CAPTAIN BAUER, LORI ALSUM O’DONOVAN,
CAPTAIN O’DONOVAN, LIEUTENANT
HEIDLMAN, LIEUTENANT SCHNEIDER,
TONI MELI, WARDEN WILLIAM POLLARD,
N. KAMPHUIS, BELINDA SCHRUBBE,
LIEUTENANT RYMANKIWIZ, SERGEANT
ANDREWS, AND OFFICER GAU,
Defendants.

On April 23, 2013, the court ordered Moore to pay the filing fee in these cases
within thirty days after finding that (1) he is not eligible to proceed in forma pauperis
because he has more than three strikes for purposes of 28 U.S.C. § 1915(g); and (2) he
did not demonstrate that he was in “imminent danger of serious physical injury.” Moore
did not pay as directed and, therefore, his case was dismissed without prejudice pursuant
to Fed. R. Civ. P. 41(b). Moore has now filed a notice of appeal and he requests leave to
proceed in forma pauperis.
In determining whether a litigant is eligible to proceed in forma pauperis on appeal,
the court must find that he is indigent and, in addition, that the appeal is taken in good
faith for purposes of Fed. R. App. P. 24(a)(3). See 28 U.S.C. § 1915(a)(3) (“An appeal
may not be taken in forma pauperis if the court certifies in writing that it is not taken in
good faith.”).

He has not provided a certified trust fund account statement in

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compliance with the federal in forma pauperis statute.

See 28 U.S.C. § 1915(a)(2).

Assuming that Moore is indigent, the court will not grant his motion or certify that the
appeal is taken in good faith because it has already precluded him from proceeding in
forma pauperis by the three-strikes rule found in 28 U.S.C. § 1915(g).

Accordingly,

Moore’s motion for leave to proceed without prepayment of the appellate docketing fee will
be denied.

ORDER
IT IS ORDERED that:

1. The court CERTIFIES that Rodney C. Moore’s appeal in Case Nos. 12-cv-472wmc, 12-cv-612-wmc, 12-cv-714-wmc and 13-cv-138-wmc is not taken in good

faith for purposes of Fed. R. App. P. 24(a)(3).
2. Moore’s motion for leave to proceed in forma pauperis on appeal in these cases is
DENIED.

3. Although this court has certified that the appeal is not taken in good faith
under Fed. R. App. P. 24(a)(3), Moore is advised that he may challenge this
finding pursuant to Fed. R. App. P. 24(a)(5), by filing a separate motion to
proceed in forma pauperis on appeal with the Clerk of Court, United States
Court of Appeals for the Seventh Circuit, within thirty (30) days of the date of
this order.
Entered this 31st day of May, 2013.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge
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