Jackson v. Santini et al
Filing
70
ORDER granting 68 Application to Proceed In Forma Pauperis on Appeal(Written Opinion). Signed by Judge Patrick J. Schiltz on May 24, 2017. (CLG) (cc: Jackson) Modified on 5/24/2017 (AKL).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JAMES JACKSON,
Case No. 15‐CV‐3151 (PJS/TNL)
Plaintiff,
v.
ORDER
LT. AMIE SANTINI, Federal Bureau of
Prisons, FCI Sandstone, Sandstone, MN,
in her individual capacity; LT. DANIEL
GRAVDAHL, S.I.S., Federal Bureau of
Prisons, FCI Sandstone, Sandstone, MN,
in his individual capacity; JAKE BUSH,
Paralegal, Federal Bureau of Prisons, FCI
Sandstone, Sandstone, MN, in his
individual capacity; and DENESE
WILSON, Warden, Federal Bureau of
Prisons, FCI Sandstone, Sandstone, MN,
in her individual capacity; jointly and
severally,
Defendants.
James Jackson, pro se.
This matter is before the Court on plaintiff James Jackson’s motion for leave to
appeal in forma pauperis (“IFP”). The Court will grant Jackson’s motion and order him
to pay an initial filing fee of $77.40.
Because Jackson is a “prisoner,” see 28 U.S.C. § 1915(h), the filing fee for his
appeal cannot be waived altogether. 28 U.S.C. § 1915(b); Henderson v. Norris, 129 F.3d
481, 483‐84 (8th Cir. 1997) (per curiam). Instead, Jackson must pay the full filing fee,
although he is allowed to pay that fee in installments. In re Tyler, 110 F.3d 528, 529‐30
(8th Cir. 1997). Specifically, Jackson is required to pay an “initial partial filing fee” upon
the commencement of his appeal, and he is required to pay the remainder of the fee
through periodic deductions from his prison trust account. 28 U.S.C. § 1915(b).
Under § 1915(b), the initial partial filing fee is 20 percent of the greater of (1) the
average monthly deposits or (2) the average monthly balance in the prisoner’s trust
account over the preceding six months. According to Jackson’s IFP application, the
average monthly balance in his trust account over the last six months is $387.00. See
ECF No. 68‐1 at 5. This number is greater than either the $346.69 in average monthly
deposits over the last six months that is indicated in the trust‐account statement, see id.,
or the $248.15 in average monthly deposits over the last 12 months that Jackson claims
in the affidavit accompanying his motion for permission to appeal IFP, see ECF No. 68
at 2. Therefore, Jackson must pay an initial partial filing fee of $77.40—or 20 percent of
$387.00—and he must pay the remainder of the fee over time in accordance with
§ 1915(b)(2).
The Court remains satisfied that Jackson’s lawsuit was properly dismissed and
that he has no meritorious grounds for an appeal. But the Court will not deem
Jackson’s appeal to be “frivolous,” and therefore the Court finds that Jackson’s appeal is
taken “in good faith” for purposes of § 1915(a)(3). See Coppedge v. United States, 369 U.S.
‐2‐
438, 445 (1962) (“ We consider a defendantʹs good faith . . . demonstrated when he seeks
appellate review of any issue not frivolous.”).
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein,
IT IS HEREBY ORDERED that:
1.
Plaintiff’s motion for leave to appeal in forma pauperis [ECF No. 68] is
GRANTED.
2.
Plaintiff is ordered to pay an initial partial filing fee of at least $77.40.
3.
The remainder of the filing fee must be paid over time in accordance with
28 U.S.C. § 1915(b)(2).
4.
The Clerk of Court is directed to mail a copy of this order to plaintiff and
to prison officials at the institution at which plaintiff is currently confined.
Dated: May 24, 2017
s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge
‐3‐
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