Opinion
Case No. 1:05-cv-458.
December 29, 2005
ORDER
This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. On October 5, 2005, the Court entered an Order denying Plaintiff Duncan J. McNeil, III, leave to proceed in forma pauperis because he has "three strikes" within the meaning of 28 U.S.C. § 1915(g). The Court subsequently denied his motion for reconsideration on November 10, 2005. This matter now is before the Court upon Plaintiff's ex parte motions: (1) to proceed in forma pauperis on appeal without payment of fees; (2) for electronic filing access to court and for a waiver of pacer fees and electronic filing fees on appeal; (3) for appointment of counsel on appeal; and (4) for copies, records and service of the pleadings by the Clerk and United States Marshal.
Plaintiff's motion for leave to proceed in forma pauperis on appeal will be denied. On October 5, 2005, the Court entered an Order denying Plaintiff leave to proceed in forma pauperis because he has "three strikes" within the meaning of 28 U.S.C. § 1915(g). Plaintiff failed to pay the filing fee in the required time period, and the Court dismissed the action on November 29, 2005. In the dismissal, the Court warned Plaintiff that should he file a notice of appeal, he would be required to pay the $255.00 filing fee in a lump sum, because he is prohibited from proceeding in forma pauperis on appeal by § 1915(g). Plaintiff has now filed a notice of appeal, but has failed to submit the $255.00 filing fee. As outlined in the Court's Opinion and Order denying him pauper status based on § 1915(g), Plaintiff is barred from proceeding in forma pauperis on this appeal. Plaintiff has 30 days from the date of entry of this Order to pay the entire filing fee for appealing a civil action, which is $255.00, to the Clerk of this Court.
Plaintiff's remaining motions also will be denied. Plaintiff seeks access to the Court's electronic filing system (ECF/PACER) and for a waiver of pacer fees and electronic filing fees on appeal. However, use of the ECF system to file papers is limited to attorneys and court staff. See W.D. MICH. LCIVR 5.7. Plaintiff may continue to file any necessary pleadings in this Court via mail. Moreover, because Plaintiff's action was dismissed for failure to pay the filing fee, the Court will not order service of the pleadings, nor does the Court find any ground for the appointment of counsel on appeal. Therefore:
IT IS HEREBY ORDERED that Plaintiff's ex parte motions: (1) to proceed in forma pauperis on appeal without payment of fees; (2) for electronic filing access to court and for a waiver of pacer fees and electronic filing fees on appeal; (3) for appointment of counsel on appeal; and (4) for copies, records and service of the pleadings by the Clerk and United States Marshal (Dkt. No. 12) are DENIED. IT IS FURTHER ORDERED that Plaintiff has 30 days from the date of entry of this Order to pay the entire filing fee for appealing a civil action, which is $255.00, to the Clerk of this Court. Plaintiff's failure to comply with this Order may result in dismissal of this appeal without prejudice by the Sixth Circuit Court of Appeals.