Opinion
NO. 5:10-CV-208 (MTT)
11-14-2011
WESLEY EUGENE DOLLAR, Plaintiff v. ALAN CARTER, et al., Defendants
ORDER
On July 26, 2011 this Court adopted the United States Magistrate Judge's Recommendation that Plaintiff's 42 U.S.C. § 1983 action be dismissed. (Doc. 54). On August 11, 2011, Plaintiff filed a motion to proceed in forma pauperis on appeal (Doc. 58) and on September 8, 2011, the Court denied this motion. (Doc. 63). On September 15, 2011, Plaintiff filed a second motion to proceed in forma pauperis on appeal (Doc. 65) and the Court denied this motion on September 16, 2011. (Doc. 68). On October 19, 2011, Plaintiff filed a third motion to proceed in forma pauperis on appeal (Doc 75) and the Court denied this motion on October 20, 2011. (Doc. 76). Undeterred by these three denials, Plaintiff has filed a fourth motion to proceed in forma pauperis on appeal. (Doc. 77). As explained previously, in the Court's best judgment an appeal from its July 26, 2011 Order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3).
Having been carefully considered, plaintiff's fourth motion to proceed in forma pauperis on appeal is hereby DENIED.
As explained previously, if Plaintiff wishes to proceed with his appeal, he must pay the entire $455.00 appellate filing fee. Because Plaintiff has stated that he cannot pay the $455.00 immediately, he must pay using the partial payment plan described under 28 U.S.C. § 1915(b). Pursuant to '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 $455.00 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 $10.00 until the total filing fee of $455.00 has been paid. Checks should be made payable to "Clerk, U.S. District Court."
The Clerk of Court is DIRECTED to mail a copy of this Order to the custodian of the prison in which Plaintiff is incarcerated.
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT