Redding v. Minnesota Department of Corrections, The et al

Filing 115

ORDER: Plaintiff shall pay an initial partial appellate filing fee of $29. The Application on Proceed In Forma Pauperis on Appeal 103 is DEEMED MOOT as Plaintiff's earlier application to proceed IFP on appeal was previously granted. (Written Opinion) Signed by Judge Katherine M. Menendez on 8/2/2022. (BJP)

CASE 0:21-cv-01930-KMM-LIB Doc. 115 Filed 08/02/22 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Nico Redding,

Case No. 21-cv-1930 (KMM/LIB)
Plaintiff,

v.
ORDER
Paul Schnell, et al.,
Defendants.

On July 18, 2022, the Court required Nico Redding to submit a certified copy of
his prison trust account statement for the six-month period immediately prior to filing his
July 5, 2022 notice of interlocutory appeal to the Eighth Circuit Court of Appeals. [ECF
No. 110]. Mr. Redding has complied with that requirement, and the Court must now
calculate and collect plaintiff’s appellate filing fees in accordance with Henderson v.
Norris, 129 F.3d 481 (8th Cir. 1997).
Pursuant to 28 U.S.C. § 1915(b)(1), Mr. Redding is required to pay an initial
partial filing fee of “20 percent of the greater of (A) the average monthly deposits to the
prisoner’s account; or (B) the average monthly balance in the prisoner’s account for the
6–month period immediately preceding the filing of the complaint or notice of appeal.”
Mr. Redding’s certified trust account statement provides that during the relevant period
he had average monthly deposits of $145.00 and an average monthly balance of $26.71.
Therefore, Mr. Redding’s initial partial filing fee in connection with the notice of appeal

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CASE 0:21-cv-01930-KMM-LIB Doc. 115 Filed 08/02/22 Page 2 of 2

he filed on July 5, 2022 is $29.00. The remainder of the filing fee shall be paid in
monthly installments as set forth in § 1915(b)(2).
Accordingly, IT IS HEREBY ORDERED that:
1. Mr. Redding is required to pay an initial partial appellate filing fee of $29.00.
2. The application to proceed in forma pauperis on appeal received by the Clerk
of Court on August 1, 2022 [ECF No. 113] is DEEMED MOOT as
Mr. Redding’s IFP application was previously granted [ECF No. 103].

Date: August 2, 2022
s/Katherine Menendez
Katherine Menendez
United States District Judge

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