United States District Court, E.D. Wisconsin
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO
APPEAL WITHOUT PREPAYMENT OF THE FILING FEE (DKT. NO.
PAMELA PEPPER UNITED STATES DISTRICT JUDGE
April 30, 2018, the court issued an order dismissing this
case. Dkt. No. 11. The plaintiff filed a notice of appeal on
May 21, 2018. Dkt. No. 14. He has filed a motion for leave to
proceed without prepaying the appellate filing fee. Dkt. No.
the Prison Litigation Reform Act, a prisoner must pay the
applicable filing fees in full for a civil case. 28 U.S.C.
§1915(b). If a prisoner does not have the money to pay
the $505 filing fee in advance for an appeal, he can request
leave to proceed without prepaying it. In order for the court
to consider such a request, the prisoner must complete a
petition and affidavit to proceed and return them to the
court, along with a certified copy of his trust account
statement showing transactions for the prior six months. 28
U.S.C. §1915(a)(2). The court must assess an initial
filing fee of twenty percent of the average monthly deposits
to the plaintiff's prison account or average monthly
balance in the plaintiff's prison account for the
six-month period immediately preceding the filing of the
notice of appeal, whichever is greater. 28 U.S.C.
the prisoner pays the initial fee, he must make monthly
payments of twenty percent of the preceding month's
income until he pays the filing fee in full. 28 U.S.C.
§1915(b)(2). The agency which has custody of the
prisoner will collect the money and send payments to the
are three grounds for denying a prisoner appellant's
request to proceed without prepaying the filing fee: the
prisoner has not established indigence, the prisoner brought
the appeal in bad faith, or the prisoner has three strikes.
See 28 U.S.C. §§1915(a)(2)-(3), (g). The
court finds that the plaintiff has shown that he is indigent
and that he has not accrued three strikes. That leaves only
the question of whether the plaintiff filed this appeal in
court granted a party permission to proceed without prepaying
the filing fee in the district court action, the party may
proceed on appeal without prepaying the fee without further
authorization, unless the district court certifies that the
party did not take the appeal in good faith or determines
that the party is otherwise not entitled to proceed without
prepaying the fee. Fed. R. App. P. 24(a). See also Celske
v. Edwards, 164 F.3d 396, 398 (7th Cir. 1999) (“.
. . a plaintiff who . . . was allowed to proceed in forma
pauperis in the district court retains his IFP status in
the court of appeals unless there is a certification of bad
district court should not apply an inappropriately high
standard when making a good faith determination. Pate v.
Stevens, 163 F.3d 437, 439 (7th Cir. 1998). A prisoner
takes an appeal in “good faith” when he seeks
review of any issue that is not frivolous, meaning that it
involves “legal points arguable on their merits.”
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983)
(quoting Anders v. California, 386 U.S. 738 (1967));
see also Coppedge v. United States, 369 U.S. 438,
445 (1962). On the other hand, a prisoner takes an appeal in
bad faith when the appeal is based on a frivolous claim-that
is, a claim that no reasonable person could suppose has any
merit. Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir.
court does not find any indication that the plaintiff has not
taken his appeal in good faith. The court will grant his
motion to proceed on appeal without prepaying the filing fee.
plaintiff has filed a certified copy of his prison trust
account statement for the six-month period immediately
preceding the filing of his notice of appeal. A review of
this information shows that the plaintiff must pay an initial
partial filing fee of $0.31, as well as additional payments
under 28 U.S.C. §1915(b)(2). Newlin v. Helman,
123 F.3d 429, 434 (7th Cir. 1997), rev'd on other grounds
by, Walker v. O'Brien, 216 F.3d 626 (7th Cir.
2000) and Lee v. Clinton, 209 F.3d 1025 (7th Cir.
court GRANTS the plaintiff's motion for
leave to proceed on appeal without prepaying the filing fee.
Dkt. No. 16.
court ORDERS that within thirty days of the
date of this order, the plaintiff shall forward to the Clerk
of Court the sum of $0.31 as the initial partial filing fee.
If the clerk's office does not receive the partial filing
fee by the thirtieth day, the court of appeals may dismiss
the appeal. The plaintiff shall clearly identify the payment
by the case name and number.
court ORDERS that after the plaintiff has
filed the initial filing fee, the institution having custody
of the plaintiff shall collect from his prison trust account
the $504.69 balance of the filing fee, by collecting monthly
payments from the plaintiff's prison trust account in an
amount equal to 20% of the preceding month's income
credited to the prisoner's trust account and forwarding
payments to the Clerk of Court each time the amount in the
account exceeds $10, in accordance with 28 U.S.C. §
1915(b)(2). The institution shall clearly identify the
payments by the case name and number. If the plaintiff
transfers to another institution-county, state or federal-the
transferring institution shall forward a copy of this order,
along with the plaintiff's remaining balance, to the
court will mail a copy of this order to the Warden of the
Redgranite Correctional Institution, as well as to PLRA
Attorney, United States Court of Appeals for the Seventh