Garrison v. Warden, Belmont Correctional Institution

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AT COLUMBUS

STEPHEN M. GARRISON,

Petitioner, : Case No. 2:18-cv-1153

- vs - District Judge Edmund A. Sargus, Jr. Magistrate Judge Michael R. Merz WARDEN, Belmont Correctional Institution, : Respondent.

DEFICIENCY ORDER

This case is before the Court on Petitioner’s filing of a Notice of Appeal (ECF No. 31) which was not accompanied by the appellate filing fee of $505.00. Pursuant to McGore v. Wrigglesworth, 114 F. 3d 601 (1997), it is hereby ORDERED that Petitioner pay the filing fee of $505.00 not later than December 2, 2019, to the Clerk of this Court, OR file by that date with the Sixth Circuit a motion to proceed on appeal in forma pauperis. Failure to pay the filing fee or file a motion to proceed in forma pauperis with supporting documents with the Sixth Circuit (1) may result in dismissal of the appeal for failure to prosecute and (2) will result in this Court’s assessing the entire filing fee against Petitioner. If the appeal is dismissed for failure to prosecute, it will not be reinstated despite subsequent payment or filing of the in forma pauperis application. The Clerk shall certify a copy of this Order to the Sixth Circuit Court of Appeals. November 15, 2019. s/ United States Magistrate Judge