IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30097
Summary Calendar
EVARISTUS MACKEY,
Plaintiff-Appellant,
versus
WINN CORRECTIONAL CENTER ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 93-CV-965
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July 22, 1997
Before WISDOM, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Prisoner-appellant, Evaristus Mackey, Louisiana inmate
#317335, filed a notice of appeal in this § 1983 action before
the effective date of the Prison Litigation Reform Act (PLRA).
In Strickland v. Rankin County Correctional facility,1 this court
held that “prisoners whose appeals were pending on the effective
date of the PLRA must refile to this court in conformity with the
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
1
105 F.3d 972 (5th Cir. 1997).
No. 96-30097
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amended statute before we consider their appeals on the merits”.2
The financial affidavits filed by Mackey in the district court do
not comply with the requirements for seeking in forma pauperis
(IFP) status under the PLRA. Mackey has filed no documents in
this court in support of his economic eligibility to proceed IFP.
Mackey has a choice: he may refile this appeal in accordance with
the PLRA, or he may drop the appeal. We will not consider
Mackey’s appeal “filed” for the purposes of § 1915(b), as
amended, unless he refiles.3
Mackey has 30 days from the date of this order to comply
with the provisions of 28 U.S.C. § 1915. This appeal is held in
abeyance until Mackey complies herewith, or until the expiration
of 30 days, whichever comes first. If Mackey does not comply
within the 30 days, the clerk of this court is to dismiss the
appeal for lack of prosecution.4
2
Id. at 974.
3
Id. at 976.
4
See Fifth Circuit Rule 42.3.