Opinion
07-cv-570-jcs.
March 21, 2008
ORDER
On February 29, 2008, I considered plaintiff's request for leave to proceed in forma pauperis on appeal and concluded that he had not accrued three strikes under 28 U.S.C. § 1915(g) and that his appeal was not taken in bad faith. I concluded also that plaintiff was required to pay an initial partial payment of the filing fee for his appeal, but that I could not calculate the amount of the payment because plaintiff had not submitted a certified copy of his trust fund account statement for the six-month period immediately preceding the filing of his notice of appeal as required by 28 U.S.C. § 1915(a)(2).
Plaintiff has now submitted a certified copy of his trust fund account statement for the six months preceding February 25, 2008, the date he filed his appeal. From this statement, I conclude that he qualifies for indigent status, and that he must pay an initial partial payment to the clerk of this court in the amount of $3.22.
ORDER
IT IS ORDERED that plaintiff Wield may have until April 4, 2008, in which to submit a check or money order made payable to the Clerk of Court in the amount of $3.22 as an initial partial payment of the fee for filing his appeal. The remainder of the $455 fee must be paid in monthly installments according to 28 U.S.C. § 1915(b)(2).
If, by April 4, 2008, plaintiff fails to pay the initial partial payment, I will notify the court of appeals so that it may take whatever action it deems appropriate with respect to this appeal.