Opinion
Civil Action 2:09-cv-1068.
July 12, 2010
ORDER
On April 14, 2010, the Court issued an order directing the Clerk of Court to enter judgment dismissing this case because Plaintiff had failed to either pay the filing fee or move to proceed in forma pauperis. (Doc. 18.) Plaintiff, who is incarcerated at the Chillicothe Correctional Institution, maintains (Docs. 2, 6, 7, 12) that he is not a prisoner for purposes of the federal statute governing proceeding in forma pauperis, 28 U.S.C. § 1915. He has filed a notice of appeal from this dismissal, but has not paid the $455 filing fee for an appeal. On May 13, 2010, the Court entered a deficiency order, ordering Plaintiff to, within thirty days, either pay the appellate filing fee or fill out and execute an application and affidavit by an incarcerated person to proceed in forma pauperis. (Doc. 23.) Plaintiff has made no response to this order.
The Court finds that Plaintiff has failed to either pay the filing fee or comply with the requirements of 28 U.S.C. § 1915(a)(2). Furthermore, it finds, pursuant to 28 U.S.C. § 1915(a)(3), that Plaintiff's appeal is frivolous and is not taken in good faith.