Opinion
Case No. 1:11-cv-518
01-28-2013
KELVIN R. LOVETT, Petitioner, v. WARDEN, Southern Ohio Correctional Institution Respondent.
Chief Judge Susan J. Dlott
Magistrate Judge Michael R. Merz
DEFICIENCY ORDER
This case is before the Court on Plaintiff's filing of a Notice of Appeal (Doc. #42) which was not accompanied by the appellate filing fee of $455.00.
Pursuant to McGore v. Wrigglesworth, 114 F. 3d 601 (1997), it is hereby ORDERED that Plaintiff pay the filing fee of $455.00 not later than February 15, 2013, to the Clerk of this Court, or file by that date a motion to proceed on appeal in forma pauperis with the Sixth Circuit.
Failure to pay the filing fee or file a motion to proceed in forma pauperis with supporting documents with the Sixth Circuit (1) may result in dismissal of the appeal for failure to prosecute and (2) will result in this Court's assessing the entire filing fee against Plaintiff. If the appeal is dismissed for failure to prosecute, it will not be reinstated despite subsequent payment or filing of the in forma pauperis application.
The Clerk shall certify a copy of this Order to the Sixth Circuit Court of Appeals.
Michael R. Merz
United States Magistrate Judge