Opinion
CIVIL ACTION No. 11-3057-SAC
02-08-2012
GEORGE RAYMOND SPRY, Plaintiff, v. DAVID R. McKUNE, et al., Defendants.
MEMORANDUM AND ORDER
This matter comes before the court on plaintiff's motion for leave to proceed on appeal in forma pauperis (Doc. 19). Plaintiff was granted leave to proceed in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. All relief was denied and the action dismissed by the court's Order entered on January 18, 2012.
The court notes that plaintiff sent his notice of appeal by mail and reminds him that pursuant to Standing Order 12-01 entered by the court, electronic filing is now available to prisoners incarcerated in the Lansing Correctional Facility.
Plaintiff has submitted a Notice of Appeal, but he has not submitted the appellate filing fee of $455.00. A prisoner seeking to proceed on appeal in forma pauperis in a civil action must file a new motion for such status and must submit certified financial records from his institutional account for the six months preceding the filing of the notice of appeal. See Boling-Bey v. U.S. Parole Com'n, 559 F.3d 1149 (10th Cir. 2009).
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff is granted to and including March 8, 2012, to submit a motion for leave to proceed in forma pauperis and a certified financial statement to this court.
Copies of this order shall be transmitted to the plaintiff and the Clerk of the United States Court of Appeals for the Tenth Circuit.
IT IS SO ORDERED.
Dated at Topeka, Kansas, this 8th of February 2012.
SAM A. CROW
United States Senior District Judge