Opinion
Case No. 3:05-cv-208.
March 8, 2006
DEFICIENCY ORDER
This habeas corpus action is before the Court on Petitioner's new Notice of Appeal (Doc. No. 29).
In its Case No. 05-4631, the Sixth Circuit Court of Appeals noted that Petitioner's time to appeal from this Court's final decision denying his Petition for Writ of Habeas Corpus, entered September 2, 2005, had not yet expired because the Court had not entered a final judgment; the judgment would be deemed filed 150 days from the decision or on January 30, 2006. Thirty days from January 30, 2006, is March 1, 2006. Petitioner, who is imprisoned, is entitled to the mail box rule of Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245 (1988), which provides that an incarcerated person "files" a notice of appeal when he or she deposits it with prison authorities for forwarding to the Clerk. However, Petitioner's Notice of Appeal indicates that it was mailed March 2, 2006, which is late.
In any event, Petitioner did not pay the appellate filing fee when filing his new Notice of Appeal and District Judge Rose has already determined that he should not be permitted to appeal in forma pauperis (Doc. No. 19). Accordingly, it is hereby ordered that Petitioner pay the appellate filing fee of $250.00 to the Clerk of this Court not later than April 7, 2006. Failure to do so will result in notice to that effect to the Court of Appeals, which may dismiss the appeal on that basis.