Opinion
NO. 5:11-CV-170 (MTT)
11-18-2011
TONITA HALL a/k/a LOUISE REDDIT Plaintiff v. FAYETTE COUNTY, GEORGIA, et al., Defendants
ORDER
Plaintiff TONITA HALL a/k/a LOUISE REDDITT, an inmate at Pulaski State Prison, has filed a motion to proceed in forma pauperis on appeal (Doc. 35) from the Court's September 27, 2011 Order (Doc. 28) 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.
If Plaintiff wishes to proceed with her appeal, she must pay the entire $455 appellate filing fee. Because Plaintiff has stated that she cannot pay the fee immediately, she must pay using the partial payment plan described under 28 U.S.C. § 1915(b). Pursuant to section1915(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 Pulaski State Prison.
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT