Opinion
NO. 7:11-CV-6 (HL).
March 30, 2011
ORDER
Plaintiff MACK TRIMBLE, JR., an inmate at the Colquitt County Jail, has filed a motion to proceed in forma pauperis on appeal from the Court's March 14, 2011 order dismissing plaintiff's pro se civil rights complaint under 42 U.S.C. § 1983 as frivolous. In the Court's best judgment, an appeal from its order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3). Accordingly, having been carefully considered, plaintiff's motion to proceed in forma pauperis on appeal is hereby DENIED.
If plaintiff wishes to proceed with his appeal, he must pay the entire $455 appellate filing fee. Because plaintiff has stated that he cannot pay the $455 immediately, he must pay using the partial payment plan described under 28 U.S.C. § 1915(b). Pursuant to section 1915(b), the prison account custodian where plaintiff is incarcerated shall cause to be remitted to the Clerk of this Court monthly payments of 20% of the preceding month's income credited to plaintiff's account until the $455 appellate filing fee has been paid in full. Twenty percent of any deposits into the prisoner's account shall be withheld by the prison account custodian who, on a monthly basis, shall forward the amount withheld from the prisoner's account to the Clerk of this Court each time the amount in the account exceeds $10 until the total filing fee of $455 has been paid. Checks should be made payable to "Clerk, U.S. District Court."
A copy of this order shall be served upon plaintiff's prison account custodian.