Kudla v. Roy
ORDER denying 16 Application on Proceed In Forma Pauperis on Appeal (Written Opinion). Signed by Judge Patrick J. Schiltz on March 16, 2015. (CLG) cc: Justin Anthony Kudla
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JUSTIN ANTHONY KUDLA,
Case No. 14‐CV‐2071 (PJS/JSM)
TOM ROY, Department of Corrections
Justin Anthony Kudla, pro se.
Kathleen A. Heaney, SHERBURNE COUNTY ATTORNEY’S OFFICE; Matthew
Frank and James B. Early, MINNESOTA ATTORNEY GENERAL’S OFFICE, for
This matter is before the Court on petitioner Justin Kudla’s motion to proceed on
appeal without prepayment of fees. A litigant who seeks to be excused from paying the
filing fee for an appeal in a federal case may apply for in forma pauperis (“IFP”) status.
28 U.S.C. § 1915(a)(1); Fed. R. App. P. 24(a). To qualify for IFP status, a litigant must
demonstrate that he cannot afford to pay the full filing fee. 28 U.S.C. § 1915(a)(1).
However, “[a]n appeal may not be taken in forma pauperis if the trial court certifies in
writing that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3). Good faith is
demonstrated when a defendant seeks appellate review of any non‐frivolous issue.
Coppedge v. United States, 369 U.S. 438, 445 (1962).
Based on the disclosures in Kudla’s IFP application, the Court concludes that he
is not financially eligible for IFP status. The fee for filing an appeal is $505. Kudla is
employed and earns $1,840 per month. He has no dependents. His estimated monthly
expenses are $1,460 (which includes an estimated $200 per month for “[r]ecreation,
entertainment, newspapers, magazines, etc.”). This leaves Kudla with a surplus of $380
per month. Additionally, as of the time of his affidavit, he had $580.88 in his checking
and savings account combined. Based on these submissions, the Court finds that Kudla
can afford to pay the full filing fee. Kudla’s IFP application is therefore denied.
Based on the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY ORDERED that petitioner Justin Kudla’s motion to proceed in forma
pauperis on appeal [ECF No. 16] is DENIED.
Dated: March 16, 2015
s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge
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