Case 5:10-cv-01345-C Document 19 Filed 01/26/11 Page 1 FILED

of 2
Appellate Case: 11-6017 Document: 01018574699 Date Filed: 01/26/2011 Page:
United States Court 1
of Appeals
Tenth Circuit

UNITED STATES CO URT O F APPEALS

January 26, 2011
Elisabeth A. Shumaker
FO R TH E TENTH CIRCUIT Clerk of Court

STEVEN LEE CRAIG ,

Plaintiff - Appellant,

v. No. 11-6017

UNITED STATES O F A M ERICA, et

al.,

Defendants - Appellees.

OR DER

This matter is before the court on the appellant’s “M otion for Permission to

Appeal in Forma Pauperis.” Appellant has filed what appears to be an identical

motion (captioned for this court) with the District Court for the W estern District of

Oklahoma. Although the District Court has not yet ruled on that motion, we note

that it dismissed the appellant’s complaint pursuant to § 1915 (e) (2) (B) (ii), for

failure to state a claim, and warned the appellant that future repetitive filings may

lead to sanctions.

In light of the district court’s disposition of the complaint, this court will

require the appellant to either pay the fee for this appeal or file w ith this court a

properly completed motion for leave to proceed in forma pauperis. See Fed. R.
 Case 5:10-cv-01345-C Document 19 Filed 01/26/11 Page 2 of 2
Appellate Case: 11-6017 Document: 01018574699 Date Filed: 01/26/2011 Page: 2

App. P. 24 (a) (3) (A ). The appellant’s “M otion for Permission to Appeal in

Forma Pauperis,” currently pending with this court, is denied without prejudice to

appellant’s filing of a renewed, properly completed motion.

W ithin 30 days of the date of this order, appellant shall either pay the fee

for this appeal (to the district court) or file (with this court) a properly completed

motion for leave to proceed in form a pauperis, using the form provided with this

order. In addition, also within 30 days of the date of this order, appellant shall file

his appellate brief. A form for appellant’s use in preparing his brief is also being

provided with this order.

Appellant is advised that his failure to file his brief and either pay the fee

for this appeal or file a properly completed in form a pauperis motion with this

court, within 30 days, may result in the dismissal of this appeal for lack of

prosecution without further notice. See 10 th Cir. R. 42.1.

The district court is requested to forw ard a record on appeal.

Entered for the Court

ELISABETH SHUM AKER, Clerk of Court

by:
Christine Van Coney
Counsel to the C lerk