FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT June 28, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
No. 18-5104
v. (D.C. Nos. 4:13-CV-00145-SPF-TLW
and 4:09-CR-00043-SPF-1)
LINDSEY KENT SPRINGER, (N.D. Okla.)
Defendant-Appellant.
_________________________________
ORDER
_________________________________
Before MATHESON, BACHARACH, and McKAY, Circuit Judges.
_________________________________
This matter is before the court on our order (May 14, 2019) denying
Mr. Springer’s motion for leave to proceed in forma pauperis. There we
ordered Mr. Springer to pay his $505.00 filing fees by June 4, 2019, and
warned that failure to timely comply could result in the dismissal of his
appeal without further notice. 1 Though the deadline passed more than three
weeks ago, Mr. Springer has still not paid the filing fees.
He has instead filed numerous motions. For example, he has moved
to vacate the order requiring payment, arguing that the Court Clerk
1
In denying leave to proceed in forma pauperis, we noted that Mr.
Springer had certified possession of $1,300 in a Bureau of Prisons trust
fund.
displaced the panel’s Article III authority by signing and issuing our order.
Mr. Springer is mistaken; the order was decided by the panel and filed by
the Court Clerk at the panel’s direction. We thus deny this motion.
Mr. Springer has also moved
for the appointment of counsel,
to expand the certificate of appealability,
to reconsider the applicability of his filing restrictions to this
appeal, and
for determination of the status of the Court Clerk, the deputy
court clerks, and the government’s attorney under the
Constitution’s Appointments Clause.
But Mr. Springer has not paid the filing fees, so he has not properly begun
this appeal. All of Mr. Springer’s motions presuppose that he has properly
begun his appeal, and he hasn’t. Because Mr. Springer never paid the filing
fees, we deny these motions.
* * *
We dismiss the appeal and deny all pending motions. Mr. Springer is
reminded that he remains obligated to pay the filing fees.
Entered for the Court
Robert E. Bacharach
Circuit Judge
2