Citation Codes Equivalent Citations citation codes Docket Number NO. 5:10-CV-24 (MTT). Motions Motion to proceed in forma pauperis : Denied Acts The Public Health And Welfare — Civil Rights — Institutionalized Persons — Suits By Prisoners Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. LAWRENCE RUPERT SMITH, Plaintiff v. Warden WILLIAM M. TERRY, et al., Defendants. ORDER MARC TREADWELL, District Judge Plaintiff LAWRENCE RUPERT SMITH has filed a motion to proceed in forma pauperis on appeal from the Court's order accepting Magistrate Judge Claude W. Hicks's recommendation that the plaintiff's claims be dismissed. The reason for dismissal of this case was plaintiff's failure to fully exhaust administrative remedies prior to asserting his claims against the defendants, pursuant to 42 U.S.C. § 1997e(a). In the Court's best judgment, an appeal from that order cannot be taken in good faith. 28 U.S.C. § 1915(a)(3). Accordingly, having been carefully considered, plaintiff's motion to proceed in forma pauperis on appeal is hereby DENIED. SO ORDERED,