Opinion
10-cv-287-bbc
03-28-2012
LARRY BRACEY, Plaintiff, v. JAMES GRONDIN, C.O. HUNT, THOMAS TAYLOR and C.O. MURRAY, Defendants.
ORDER
Judgment was entered in this case on November 21, 2011, following a jury trial and the return of the jury's verdict finding no liability on behalf of the defendants. On February 23, 2012, I denied plaintiff's motion for a new trial pursuant to Fed. R. Civ. P. 59(a). Now plaintiff has filed a notice of appeal along with a request to proceed in forma pauperis on appeal.
Plaintiff's request for leave to proceed in forma pauperis on appeal is governed by the 1996 Prison Litigation Reform Act. This means that this court must determine first whether plaintiff's request must be denied either because he has three strikes against him under 28 U.S.C. § 1915(g) or because the appeal is not taken in good faith. Plaintiff does not have three strikes against him and I do not intend to certify that his appeal is not taken in good faith.
The only other hurdle to proceeding on the appeal in forma pauperis is the requirement that plaintiff make an initial partial payment of the filing fee that has been calculated from a certified copy of his trust fund account statement for the six-month period immediately preceding the filing of his notice of appeal. 28 U.S.C. § 1915(a)(2). Plaintiff has not submitted the necessary trust fund account statement. Until he does so, I cannot determine whether he is indigent and, if he is, the amount of his initial partial payment.
Accordingly, IT IS ORDERED that plaintiff may have until April 13, 2012, in which to submit a certified copy of his trust fund account statement for the six-month period from approximately September 17, 2011 to approximately March 19, 2012. If, by April 13, 2012, plaintiff fails to submit the required trust account statement or show cause for his failure to do so, then I will deny his request for leave to proceed in forma pauperis on the ground that he has failed to show that he is entitled to indigent status on appeal.
BY THE COURT:
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BARBARA B. CRABB
District Judge