DONALD M. PEDEN, JR.,
DAVIDSON COUNTY SHERIFF’S OFFICE,
OFFICER HAWKINS, OFFICER JONES,
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
Plaintiff Donald Peden has filed a notice of appeal in this action (ECF No. 9). The notice, however,
was not accompanied either by an application to proceed as a pauper on appeal or by the requisite $455
appellate filing fee. At the time the order of dismissal was entered in this case, the Court certified that an
appeal of this matter would not be in good faith and also gave notice that the plaintiff would not be granted
leave by this Court to proceed on appeal as a pauper. (Docket Entry Nos. 4 and 5.) The plaintiff is again
instructed that he is DENIED leave to proceed as a pauper on appeal.
Pursuant to Rule 24(a)(5) of the Federal Rules of Appellate Procedure, the plaintiff may nonetheless
file, within 30 days after service of this order, a motion directly in the Sixth Circuit Court of Appeals for leave
to proceed as a pauper on appeal. Owens v. Keeling, 461 F.3d 763, 775 (6th Cir. 2006); Callihan v.
Schneider, 178 F.3d 800, 803 (6th Cir. 1999). The motion should comply with the requirements stated in
Rule 24 of the Federal Rules of Appellate Procedure.
The plaintiff is notified that if he does not file a motion in the Sixth Circuit Court of Appeals within 30
days of receiving notice of this order and subsequently obtain leave of that court to proceed without
prepayment of the appellate filing fee, or if he fails to pay the required appellate filing fee of $455.00 within
this same time period, the appeal may be dismissed for want of prosecution. Callihan, 178 F.3d at 804.
The Clerk of Court is DIRECTED to furnish a copy of this Order to the Sixth Circuit Court of Appeals.
It is so ORDERED.
Kevin H. Sharp
United States District Judge
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