Opinion
5:12CV00262 BSM/JTR
11-06-2012
MICHAEL ST. CLAIR, ADC #118671 PLAINTIFF v. LARRY MAY, Director, Arkansas Department of Correction, et al. DEFENDANTS
ORDER
Plaintiff, Michael St. Clair, who is a prisoner in the Arkansas Department of Correction, has filed a Notice of Appeal and an Application to Proceed In Forma Pauperis on Appeal. See docket entries #14 and #15.
On October 15, 2012, the Court dismissed this case, without prejudice, for failing to state a claim upon which relief may be granted. See docket entries #11 and #12. Importantly, the Court certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Id. In light of that certification, Plaintiff’s Application to Proceed In Forma Pauperis on Appeal must be denied. See Henderson v. Norris, 129 F.3d 481 (8th Cir. 1997).
IT IS THEREFORE ORDERED THAT:
1. Plaintiff’s Application to Proceed In Forma Pauperis on Appeal (docket entry #14) is DENIED.
2. Within thirty days of the entry of this Order, Plaintiff must either: (a) pay, to this Court, the full $455 appellate filing fee; or (b) file, with the Eighth Circuit Court of Appeals, an Application to Proceed In Forma Pauperis on Appeal that complies with Fed. R. App. Pro. 24(a)(5).
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UNITED STATES MAGISTRATE JUDGE