Opinion
No. 16-1007-JDT-cgc
10-16-2017
JOSEPH POWELL, Plaintiff, v. JASON WOODARD, ET AL., Defendants.
ORDER DIRECTING PLAINTIFF TO FILE UPDATED FINANCIAL INFORMATION OR PAY THE FULL $505 APPELLATE FILING FEE
Plaintiff Joseph Powell, a prisoner acting pro se, filed a civil complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) The Court granted leave to proceed in forma pauperis and assessed the civil filing fee pursuant to the Prison Litigation Reform Act ("PLRA"), 28 U.S.C. §§ 1915(a)-(b). (ECF No. 4.) On September 20, 2017, the Court dismissed the complaint sua sponte pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) and certified that an appeal would not be taken in good faith. (ECF No. 14.) Judgment was entered on September 25, 2017. (ECF No. 15.) On October 16, 2017, Plaintiff filed a notice of appeal. (ECF No. 16.)
Generally, a plaintiff granted leave to proceed in forma pauperis is not required to pay filing fees. 28 U.S.C. § 1915(a)(1). Because Plaintiff is a prisoner, however, he must pay the entire $505 appellate filing fee, although he may be able to take advantage of the installment payment method of § 1915(b). See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), partially overruled on other grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013). In order to take advantage of the installment procedures, a prisoner plaintiff must submit, along with the notice of appeal, an updated in forma pauperis affidavit and inmate trust account statement. Id. at 610; 28 U.S.C. § 1915(a)(2).
In this case, Plaintiff did not submit an updated in forma pauperis affidavit and trust account statement with the notice of appeal. Therefore, at the present time, he is not eligible to take advantage of the installment procedures of § 1915(b). Plaintiff is, however, liable to the Court for the full $505 appellate filing fee, which accrued at the moment the notice of appeal was filed. Accordingly, Plaintiff is hereby ORDERED to submit, within 30 days after the date of this order, either the full $505 appellate filing fee or an updated in forma pauperis affidavit and an inmate trust account statement for the six months immediately preceding the filing of the notice of appeal.
If Plaintiff fails to file the required documents in a timely manner, the Court will deny leave to appeal in forma pauperis and assess the entire $505 filing fee from his inmate trust account without regard to the installment procedures, and the Sixth Circuit may dismiss the appeal for failure to prosecute. However, if Plaintiff timely submits the necessary documents and the Court finds that he is still indigent, then the Court will grant leave to appeal in forma pauperis and assess the filing fee in accordance with the installment procedures of 28 U.S.C. § 1915(b).
The Clerk is directed to send Plaintiff a copy of the prisoner in forma pauperis affidavit form along with this order. The Clerk is also directed to notify the Sixth Circuit of the entry of this order. IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE