IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION GEORGETTE BENITA THORNTON, Plaintiff, CIVIL ACTION NO. v. 5:23-cv-00465-TES-CHW OFFICER M.S. SMOKES, et al., Defendants.

ORDER DENYING MOTION TO APPEAL IN FORMA PAUPERIS

Before the Court is pro se Plaintiff Georgette Benita Thornton’s Motion for Leave to Appeal in Forma Pauperis (“IFP”) [Doc. 17]. On February 6, 2024, the Court issued an Order adopting the magistrate judge’s R&R, denying Plaintiff’s Motion for Leave to Proceed IFP, and dismissing Plaintiff’s Complaint without prejudice. [Doc. 9]. On February 23, 2024, Plaintiff filed her Notice of Appeal [Doc. 11], which the Eleventh Circuit Court of Appeals dismissed on March 21, 2024. [Doc. 15]. Then, on April 1, 2024, after her appeal was dismissed, Plaintiff filed this Motion seeking the Court’s leave to proceed IFP on appeal. See [Doc. 17]. Because the Court of Appeals has already dismissed Plaintiff’s appeal, the Court DENIES Plaintiff’s Motion for Leave to Appeal IFP [Doc. 17] as moot.1

1 Plaintiff also failed to include in her Motion a list of issues she intends to appeal. See [Doc. 17]; Fed. R. App. P. 24(a)(1)(C). Such an omission is fatal to her application to proceed IFP. See Muhammad v. Taylor, SO ORDERED, this 3rd day of April, 2024. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

No. 1:15-cv-4148-WSD,

, at *2 (N.D. Ga. May 31, 2018) (holding that without a statement of the issues to be raised on appeal, a court cannot determine if the appeal is taken in good faith, “which is fatal to [the plaintiff’s] application”); see also McNair v. Bernard, No. 1:17-cv-205-WSD,

, at *1 (N.D. Ga. Nov. 27, 2017) (collecting cases).