Opinion
NO. 5:11-CV-90 (MTT).
May 3, 2011
ORDER
Plaintiff TROY ANTHONY HARDEN, an inmate at the Hancock County Detention Center, has filed a motion to proceed in forma pauperis on appeal from the Court's April 13, 2011, order that dismissed plaintiff's pro se civil rights complaint filed under 42 U.S.C. § 1983. Based on the reasoning of this Court's prior order, the Court finds that the appeal is frivolous and not taken in good faith. 28 U.S.C. § 1915(a)(3). Accordingly, having been carefully considered, plaintiff's motion to proceed in forma pauperis on appeal is hereby DENIED.
Plaintiff has also filed a "Motion for Certificate of Probable Cause" in conjunction with this appeal. A certificate of probable cause (or a certificate of appealability) is not a statutory prerequisite to the appeal of a section 1983 action. Plaintiff's motion is therefore 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 section 1915(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 the Hancock County Detention Center.