Burnett 200640 v. Washington
Burnett 200640 v. Washington
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______
MICHAEL ANGELO BURNETT,
Plaintiff, Case No. 1:24-cv-155 v. Hon. Hala Y. Jarbou HEIDI E. WASHINGTON, et al.,
Defendants. ____________________________/ ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL This is a civil rights action brought by a state prisoner under
42 U.S.C. § 1983which was dismissed on March 29, 2024, without prejudice because Plaintiff failed to pay the filing fee and is barred from proceeding in forma pauperis under
28 U.S.C. § 1915(g). (ECF Nos. 9, 10, and 11). In the dismissal, the Court warned Plaintiff that should he file a notice of appeal, he would be required to pay the $605.00 filing fee in a lump sum, because he is prohibited from proceeding in forma pauperis on appeal by § 1915(g). On April 25, 2024, Plaintiff filed a Motion to Alter or Amend Judgment (ECF No. 12) pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. See Huff v. Metro. Life Ins. Co.,
675 F.2d 119, 122(6th Cir. 1982). Plaintiff also filed a Notice of Appeal (ECF No. 14) of the dismissal on the same date. The Court denied the motion to alter or amend judgment on June 5, 2024 (ECF No. 16). Plaintiff has now filed a Notice of Appeal regarding the denial of his motion to alter or amend judgment. (ECF No. 17.) Plaintiff has failed to submit the $605.00 filing fee for an appeal for either of his current appeals in this case. As outlined in the Court’s opinion and order denying him pauper status, Plaintiff is barred from proceeding in forma pauperis on this appeal. Plaintiff has twenty-eight (28) days from the date of entry of this order to pay the entire filing fee for appealing a civil action, which is $605.00, to the Clerk of this Court. This requirement applies to each of Plaintiff’s appeals. Plaintiff’s failure to comply with the order may result in dismissal of the appeals without prejudice by the Sixth Circuit Court of Appeals.
IT IS SO ORDERED.
Dated: June 28, 2024 /s/ Hala Y. Jarbou HALA Y. JARBOU CHIEF UNITED STATES DISTRICT JUDGE
SEND REMITTANCES TO:
Clerk, U.S. District Court 399 Federal Bldg. 110 Michigan St., N.W. Grand Rapids, MI 49503
All checks or other forms of payment shall be payable to “Clerk, U.S. District Court.”
Reference
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