Free USCA Letter to District Court Clerk - District Court of Delaware - Delaware

Q; Case 1205-ev-00684-*** D0CUlTl€lTtii SO.5/22/2007 PGQG I Of 2 ‘ . I i.?
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 06-3886
In re: Dye
(D. Del. No. 05-cv-684)
To; Clerk
1) Praecipe Filed April 11, 2007
The foregoing Submission is construed as a motion for reconsideration of the
March 26, 2007 order dismissing the appeal. Reconsideration is granted. The March
26, 2007 order dismissing the appeal will not be modified or vacated at this time.
Although appellant avers that, "Payment in full was submitted to the District court," the
District Court docket falls to reflect the payment of the $ 455.00 in fees attributable to
the appeal. If the fee has been paid, this is a matter which must be resolved in the
District Court.
It is noted that a motion for reconsideration of the denial of Q forma pauperis
status on appeal is pending in the District Court. However, it appears that the case is
not currently assigned to a judge pending the filing of a judicial vacancy on that Court.
Accordingly, this order is without prejudice to the tiling of a motion to reopen the appeal
if either the District Court grants or othewvise decides the motion for reconsideration or
the filing fee is actually paid.
If appellant chooses to wait for disposition of the pending motion for
reconsideration, the motion to reopen must be tiled in this Court within ten (10) days of
the date of the disposition of the motion and must be accompanied by fully and properly `
completed motion for leave to proceed Q forma pauperis. - —
j - , Should theappellant choose to pay the fee, the feenmust be paid within ten (10) _ ,·
_ days of the dateof this order and a motion to reopen the appeal Hled within ten (10) _ . _
`_ - `- days thereafter. The decision to reopen the appeal is _a· matter solelywithin the -_ · ··
discretion of the Court and will not be determined by the clerk. ‘· ·
` A In the event the fee attributable to the appeal has actually been paid, when .
notice is received from the District Court, the matter-will be reconsidered at that time. [ . _

.,.. 1;c5-Cv-00684-*** Document 39 A ,,,aFil&@E§§/22/2007 Page 2 Ol 2 . T
As to the March 26, 2007 order, the payment of the appellate filing fee is
required by 28 U.S.C. § 1913. The clerk is required to collect this fee or to insure that
the fee has been waived through the grant ofm forma pauperis status. Since neither of
those two events has occurred, the appeal was dismissed by the clerk in accordance
with the authority conferred by Misc. Rule 107.1, Third Circuit Local Appellate Rules .
For the Court,
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Marcia M. Waldrbn t *2-:-ff}!
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Clerk gz {jg Z:
Dated: May 22, 2007
CLW/cc: Mr. Phillip A. Dye A Tr 3, ' __,.·;,°
Stuart B. Drowos, Esq. "° °”’w]QlLl¤¤`*`
Michael B. Joseph, Esq. ZZ · ;,,, A/M
Marcia M. Waldron, Clerk
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