Opinion
NO. 1:12-CV-146 (WLS)
05-07-2013
JOHN ANTHONY EKERS, Plaintiff v. DR. ED BAILEY, et al., Defendants
ORDER
Plaintiff JOHN ANTHONY EKERS, an inmate at Telfair State Prison, has filed a motion to proceed in forma pauperis ("IFP") on appeal (Doc. 24). Plaintiff wishes to appeal this Court's dismissal of his lawsuit filed under 42 U.S.C. § 1983. In the Court's best judgment, an appeal from its Order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3); see also Skillern v. Georgia Dept. of Corrections Commissioner, 379 F. App'x 859 (11th Cir. 2010) (unpublished). Plaintiff's motion to proceed IFP on appeal is accordingly 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 fee immediately, he must pay using the partial payment plan described under 28 U.S.C. § 1915(b). Pursuant to section1915(b), the prison account custodian 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 (to the extent the account balance exceeds $10) until the $455 appellate filing fee has been paid in full. Checks should be made payable to "Clerk, U.S. District Court."
The Clerk of Court is DIRECTED to send a copy of this Order to the business manager at Telfair State Prison.
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W. LOUIS SANDS
UNITED STATES DISTRICT JUDGE