Opinion
NO. 5:12-CV-171(MTT)
06-20-2012
MICHAEL DION EBERHART; RICKY LAMAR HOGAN, Plaintiffs, v. Warden SHEILA OUBRE, et al., Defendants.
ORDER
Plaintiff MICHAEL DION EBERHART, has filed a motion to proceed in forma pauperis on appeal (ECF No. 8) from the Court=s May 18, 2012 Order dismissing his complaint. (ECF No. 4). In the Court=s best judgment, an appeal from that Order cannot be taken in good faith. 28 U.S.C. ' 1915(a)(3).
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 $455.00 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 monthis 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 AClerk, 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
lnb