Broussard v. Hollenhorst et al

Filing 36

ORDER granting 35 Application to Proceed In Forma Pauperis on Appeal. See Order for additional details. (Written Opinion) Signed by Judge Susan Richard Nelson on 3/12/2025. (MJC)

CASE 0:22-cv-00342-SRN-ECW

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Aaron Rhy Broussard,

Case No. 22-CV-342 (SRN/ECW)

Plaintiff,
ORDER GRANTING APPLICATION
TO PROCEED IN FORMA PAUPERIS

v.
Thomas M. Hollenhorst, et al.,
Defendants.

Plaintiff Aaron Rhy Broussard has applied for in forma pauperis (“IFP”) status on
appeal. See Doc. No. 35. The Court has reviewed the IFP application and concludes both
that Broussard qualifies financially for IFP status and, although the question is close, that
the appeal is not taken in the absence of good faith, see 28 U.S.C. § 1915(a)(3).
Accordingly, the IFP application will be granted.
That said, because Broussard is a prisoner, see 28 U.S.C. § 1915(h), the IFP
application is governed by 28 U.S.C. § 1915(b), which requires that prisoners seeking IFP
status pay an initial partial filing fee upon initiating an appeal and then pay the remaining
balance of the filing fee in installments over time. The initial partial filing fee owed by the
prisoner-litigant is twenty percent of the greater of the average monthly deposits to the
plaintiff’s facility trust account or the average balance in the plaintiff’s account for the sixmonth period immediately preceding the filing of the appeal. See 28 U.S.C. § 1915(b)(1).
The Court has substantial doubts regarding the veracity of the information provided
on Broussard’s prison trust account statement. See Doc. No. 35 at 6. In the interests of
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judicial economy, however, the Court will accept that financial information at face value
and concludes from Broussard’s documentation that he has no assets and no means from
which to pay an initial partial filing fee. Accordingly, the requirement of an initial partial
filing fee will be waived. See 28 U.S.C. § 1915(b)(4).
The entire remaining balance of the $605.00 statutory filing fee for the appeal will
have to be paid by Broussard in later installments. Officials at the facility where Broussard
is confined will be notified of this requirement and will be authorized to withdraw funds
from Broussard’s facility trust account and remit those funds to the Court, consistent with
§ 1915(b). Those financial officials are also reminded that Broussard continues to owe
$249.70 towards the filing fee for initiating this action and an additional $505.00 towards
the filing fee owed for having filed an interlocutory appeal earlier in this matter. The Court
has not received a single payment from Broussard towards these fees in over three years.
The Clerk of Court will be directed to provide notice to financial officials at the facility
where Broussard is now detained about these ongoing obligations, and those officials are
reminded of their obligation under § 1915(b)(2) to remit payment to the Court as funds
become available in Broussard’s prison trust account.
CONCLUSION
Based on the submissions and the entire file and proceedings herein, IT IS
HEREBY ORDERED THAT:
1.

The application to proceed in forma pauperis on appeal of plaintiff Aaron
Rhy Broussard [Doc. No. 35] is GRANTED.

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2.

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Broussard must pay the unpaid balance ($605.00) of the appellate filing fee
for this action in the manner prescribed by 28 U.S.C. § 1915(b)(2), and the
Clerk of Court shall provide notice of this requirement to the authorities at
the institution where Broussard is confined.

3.

The Clerk of Court shall also provide notice to the authorities at the
institution where Broussard is confined of his other ongoing financial
obligations in this matter, which include $249.70 owed towards the filing fee
for having initiated this action and $505.00 owed towards Broussard’s prior
appeal in this matter.

Dated: March 12, 2025

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge

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