Opinion
Case No. 3:12-cv-292
03-06-2013
WILLIAM J. RAINEY, Petitioner, v. WARDEN, Lebanon Correctional Institute Respondent.
District Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DEFICIENCY ORDER
This case is before the Court on Plaintiff's filing of a Notice of Appeal (Doc. #8) which was not accompanied by the appellate filing fee of $455.00 nor by any application to proceed on appeal in forma pauperis.
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 March 20, 2013, to the Clerk of this Court, or file by that date an application to proceed on appeal in forma pauperis, accompanied by a certified copy of his prison trust account statement and a completed Form 4 from the Appendix of Forms, Federal Rules of Appellate Procedure or an affidavit containing the same information.
Failure to pay the filing fee or file the required application with supporting documents (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