WILLIAMS v. BARROW, 5:11-CV-431 (MTT). (2013)
Court: District Court, M.D. Georgia
Number: infdco20130606a95
Visitors: 5
Filed: Jun. 05, 2013
Latest Update: Jun. 05, 2013
Summary: ORDER MARC T. TREADWELL, District Judge. Plaintiff DANNY WILLIAMS , an inmate at Washington State Prison, has filed a motion to proceed in forma pauperis ("IFP") on appeal (Doc. 45) from the Court's Order accepting the Magistrate's recommendation that Plaintiff's complaint be dismissed. The reason for dismissal was Plaintiff's failure to fully exhaust administrative remedies before filing this lawsuit. See 42 U.S.C. 1997e(a). In the Court's best judgment, an appeal from its Order can
Summary: ORDER MARC T. TREADWELL, District Judge. Plaintiff DANNY WILLIAMS , an inmate at Washington State Prison, has filed a motion to proceed in forma pauperis ("IFP") on appeal (Doc. 45) from the Court's Order accepting the Magistrate's recommendation that Plaintiff's complaint be dismissed. The reason for dismissal was Plaintiff's failure to fully exhaust administrative remedies before filing this lawsuit. See 42 U.S.C. 1997e(a). In the Court's best judgment, an appeal from its Order cann..
More
ORDER
MARC T. TREADWELL, District Judge.
Plaintiff DANNY WILLIAMS, an inmate at Washington State Prison, has filed a motion to proceed in forma pauperis ("IFP") on appeal (Doc. 45) from the Court's Order accepting the Magistrate's recommendation that Plaintiff's complaint be dismissed. The reason for dismissal was Plaintiff's failure to fully exhaust administrative remedies before filing this lawsuit. See 42 U.S.C. § 1997e(a). In the Court's best judgment, an appeal from its Order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3). Plaintiff's motion to proceed IFP on appeal is accordingly DENIED.
If Plaintiff wishes to proceed with his appeal, he must pay the entire $455 appellate filing fee. Because Plaintiff has stated that he cannot pay the fee immediately, he 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 Washington State Prison.
SO ORDERED.
Source: Leagle
