Wells v. Collier et al, No. 9:2017cv00080 - Document 93 (E.D. Tex. 2020)
Court Description: MEMORANDUM OPINION AND ORDER. Signed by District Judge Ron Clark on 6/3/20. (ljw, )
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Wells v. Collier et al Doc. 93 Case 9:17-cv-00080-RC-KFG Document 93 Filed 06/03/20 Page 1 of 2 PageID #: 299 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION WILLIAM J. WELLS § VS. § BRYAN COLLIER, et al., § CIVIL ACTION NO. 9:17-CV-80 MEMORANDUM OPINION AND ORDER Plaintiff, William J. Wells, an inmate confined at the Eastham Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendants Bryan Collier, Kevin Wheat and Gregory Vaughn. On March 15, 2020, this Court entered a Memorandum Opinion and Order dismissing the civil rights action for lack of personal involvement and as barred by the applicable statute of limitations (docket entry no. 87). A Final Judgment was also entered on the same day (docket entry no. 88). Plaintiff filed a Notice of Appeal on April 1, 2020 (docket entry no. 89). On May 4, 2020, plaintiff filed a Motion for Leave to Appeal In Forma Pauperis (docket entry no. 91). Defendants filed a Response in Opposition on May 6, 2020 (docket entry nom. 92). Pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a)(3), the Court certifies that the appeal is not taken in good faith. Furthermore, the current motion to proceed in forma pauperis on appeal is not in proper form. Plaintiff has failed to submit a certified copy of the trust fund account statement (or institutional equivalent) for the 6-month period preceding the Notice of Appeal which shows the average monthly deposits to the prisoner’s account or the average monthly balance in the prisoner’s account. 28 U.S.C. § 1915. Although this Court has certified that the appeal is not taken in good faith under 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a)(3), plaintiff may challenge this finding pursuant to Baugh v. Taylor, 117 F.3d 197 (5th Cir. 1997), by filing a separate motion to proceed in forma pauperis on appeal with the Clerk of Court, United States Court of Appeals for the Fifth Dockets.Justia.com Case 9:17-cv-00080-RC-KFG Document 93 Filed 06/03/20 Page 2 of 2 PageID #: 300 Circuit, within thirty (30) days of this order. The cost to file a Motion to Proceed on Appeal with the Fifth Circuit is $505.00. If plaintiff chooses to file a separate motion to proceed in forma pauperis on appeal, plaintiff must file a new motion that complies with the statutory requirements of 28 U.S.C. § 1915. So Ordered and Signed Jun 3, 2020 2
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