SMITH v. TERRY

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,