The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
______
BRYAN CHRISTOPHER BROWN,
Plaintiff, Case No. 1:25-cv-161
v. Honorable Ray Kent
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. § 1983. The Court
dismissed Plaintiff’s action on April 15, 2025 (ECF Nos. 10 and 12). Plaintiff has filed a notice of
appeal. When the Court dismissed Plaintiff’s complaint, the Court certified that Plaintiff’s appeal
would not be taken in good faith. Because of that certification, Plaintiff is not eligible to proceed
on appeal in forma pauperis. 28 U.S.C. § 1915(a)(3).
Plaintiff is informed that within 28 days from the date of this notice he must submit the
$605.00 filing fee or he must file in the United States Court of Appeals for the Sixth Circuit a
motion for leave to proceed in forma pauperis, a certified copy of a prisoner trust account
statement, and an affidavit of indigence. 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114
F.3d 601, 609 (6th Cir. 1997), overruled in other part by LaFountain v. Harry, 716 F.3d 944, 951
(6th Cir. 2013).
Plaintiff is also notified that if he fails to pay the filing fee or to file the required documents
as described above, the Court of Appeals may dismiss his appeal for failure to prosecute under
Rule 3 of the Federal Rules of Appellate Procedure. See McGore, 114 F.3d at 610. In that case,
this Court will assess the entire filing fee, which will be payable in full regardless of the previous
dismissal. See id. In addition, the appeal will not be reinstated even if Plaintiff subsequently pays
the filing fee or requests to proceed as a pauper. See id.
Accordingly,
IT IS ORDERED that leave to proceed in forma pauperis on appeal is DENIED and
Plaintiff must seek leave to appeal in forma pauperis in the Sixth Circuit Court of Appeals or pay
the filing fee as stated above.
Dated: September 5, 2025 /s/ Ray Kent
Ray Kent
United States Magistrate 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.”