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Jackson v. Mizzola

United States District Court, M.D. Georgia, Macon Division
Aug 27, 2007
NO. 5:07-CV-156 (CAR) (M.D. Ga. Aug. 27, 2007)

Opinion

NO. 5:07-CV-156 (CAR).

August 27, 2007


ORDER


Plaintiff DERRICK JACKSON, presently confined at the Wilkinson County Jail in Irwinton, Georgia, has filed a motion to proceed in forma pauperis on appeal from the Court's July 30, 2007, order that dismissed plaintiff's pro se civil rights complaint 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). Accordingly, having been carefully considered, plaintiff's motion to proceed IFP on appeal is hereby 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 $455 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 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 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 until the total filing fee of $455 has been paid. Checks should be made payable to "Clerk, U.S. District Court."

SO ORDERED.


Summaries of

Jackson v. Mizzola

United States District Court, M.D. Georgia, Macon Division
Aug 27, 2007
NO. 5:07-CV-156 (CAR) (M.D. Ga. Aug. 27, 2007)
Case details for

Jackson v. Mizzola

Case Details

Full title:DERRICK JACKSON, Plaintiff v. Magistrate MINNIE MIZZOLA, et al., Defendants

Court:United States District Court, M.D. Georgia, Macon Division

Date published: Aug 27, 2007

Citations

NO. 5:07-CV-156 (CAR) (M.D. Ga. Aug. 27, 2007)