Hope v. Bureau of Prisons

Full title: DARRYL SOLOMON HOPE, Plaintiff, v. BUREAU OF PRISONS; ANTHONY HAYNES…

Court: United States District Court, S.D. Georgia, Brunswick Division

Date published: Jun 2, 2011

CIVIL ACTION NO.: CV210-127 (S.D. Ga. Jun. 2, 2011)

Opinion

CIVIL ACTION NO.: CV210-127.

June 2, 2011

ORDER

LISA WOOD, Chief Judge

I. Eligibility to proceed on appeal in forma pauperis

Plaintiff has filed with this Court a motion to proceed on appeal in forma pauperis. Under 28 U.S.C. § 1915(a)(1)-(2), the prisoner must submit the following:

(1) an affidavit including a statement of the prisoner's assets and a declaration that the prisoner is unable to pay the filing fees and

(2) a certified copy of the trust fund account statement for the six-month period immediately preceding the filing of the notice of appeal.

These documents must be submitted even if the prisoner was permitted to proceed in forma pauperis in the district court. Pursuant to 28 U.S.C. § 1915 and Fed.R.App.P. 24(a), this Court hereby

GRANTS in forma pauperis x DENIES in forma pauperis CERTIFIES 28 U.S.C. § 1915X The appeal is frivolous and without merit.

___ the motion to proceed on appeal; the motion to proceed on appeal for the following reason(s): ___ (1) This Court that the appeal is not taken in good faith because ____________________________________________________________________________ ___ (2) The prisoner has failed to submit the affidavit required by 28 U.S.C. § 1915(a)(1). ___ (3) The prisoner has failed to submit the trust fund account statement required by (a)(2). Other:

II. Installment Payment Provisions

Even if the prisoner is granted permission to proceed on appeal in forma pauperis, the prisoner is still required to pay the Court's filing fees. Pursuant to 28 U.S.C. § 1915(b)(1), the prisoner is required to sign and return to the Clerk of this Court the CONSENT FORM which authorizes payment of the required $455.00 appellate filing fee from his or her prison account to the district court. Plaintiff has previously signed and filed the Consent Form.

III. Transcripts of Proceedings

x in forma pauperis

This Court will not presently require the preparation of a transcript or the payment therefor by the United States. To the extent that a transcript of any portion of the District Court proceedings is required, the Court of Appeals may more economically direct which proceedings it requires to be transcribed. __ The Court Reporter shall transcribe the proceedings as requested by the party proceeding and the United States shall bear the expense. SO ORDERED.