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Nelson v. Malone

United States District Court, M.D. Georgia, Macon Division
Apr 27, 2009
CIVIL ACTION NO.: 5:07-CV-427 (HL) (M.D. Ga. Apr. 27, 2009)

Opinion

CIVIL ACTION NO.: 5:07-CV-427 (HL).

April 27, 2009


ORDER


Plaintiff PATRICK HENRY NELSON has filed a motion to proceed in forma pauperis on appeal (R. at 57) from the Court's Order adopting the United States Magistrate Judge's Recommendation to grants defendants' motion to dismiss (R. at 50, 54). 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. Plaintiff's motion to appoint counsel for his appeal (R. at 15, 18) is DENIED AS MOOT. Finally, plaintiff's "Motion for Stay/Equitable Tolling" (R. at 15, 16) is 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 month's 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 "Clerk, U.S. District Court."

SO ORDERED.


Summaries of

Nelson v. Malone

United States District Court, M.D. Georgia, Macon Division
Apr 27, 2009
CIVIL ACTION NO.: 5:07-CV-427 (HL) (M.D. Ga. Apr. 27, 2009)
Case details for

Nelson v. Malone

Case Details

Full title:PATRICK HENRY NELSON, Plaintiff v. VICTORIA MALONE, et al., Defendants

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

Date published: Apr 27, 2009

Citations

CIVIL ACTION NO.: 5:07-CV-427 (HL) (M.D. Ga. Apr. 27, 2009)