Opinion
CAUSE NO. 3:06-CV-291 RM.
April 23, 2007
OPINION AND ORDER
On April 11, 2007, Michael Devel Whitener, a pro se prisoner, filed a motion for reconsideration of the court's April 3 order granting him leave to proceed in forma pauperis on appeal. In his motion, Mr. Whitener states that, at this time, it is impossible to proceed on appeal. Therefore, he requests that the court withdraw his appeal forms and dismiss plaintiff's in forma pauperis filing fee payment.
Because Mr. Whitener requests the court to withdraw his appeal forms, the court construes Mr. Whitener's motion as a motion to dismiss his appeal. This court does not have the jurisdiction to dismiss Mr. Whitener's appeal. Even if Mr. Whitener's appeal is dismissed, he is still required to pay the filing fee using the methods of 28 U.S.C. § 1915. See Newlin v. Helman, 123 F.3d 429 (7th Cir. 1999). As a result, Mr. Whitener's motion (docket # 46) is DENIED insofar as it seeks relief from this corut. The clerk is DIRECTED to forward a copy of Mr. Whitener's motion and a copy of this order to the Seventh Circuit Court of Appeals.
SO ORDERED.