Fisher v. Javois et al

Filing 21

MEMORANDUM AND ORDER re: 20 MOTION for Reconsideration re 11 Order on Motion for Leave to Proceed in forma pauperis on appeal (prisoner case), filed by Plaintiff George W. Fisher, Jr. IT IS FURTHER ORDERED that due to plaintiffs status as a civil detainee and plaintiffs insufficient funds, the Court will waive collection of the $505 appellate filing fee at this time. Signed by District Judge Rodney W. Sippel on 10/14/15. (CAR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GEORGE W. FISHER, JR.,
Plaintiff,
v.
LAURENT D. JAVOIS, et al.,
Defendants,

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No. 4:13CV2421 RWS

MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion for reconsideration of the Eighth Circuit Court of
Appeals’ denial of plaintiff’s request to proceed in forma pauperis on appeal. Plaintiff, who is
currently a civil detainee at Fulton State Hospital in Fulton, Missouri, states that he has only
$1.00 in his account at this time, and he claims he cannot pay the $505.00 appellate filing fee.
Although this Court cannot reconsider the appellate court’s denial of plaintiff’s request to
proceed in forma pauperis, this Court, who is in charge of ascertaining whether plaintiff has
sufficient funds to pay a filing fee, can make a determination that due to insufficient funds, no
filing fee can be collected at this time. After reviewing the financial information plaintiff has
provided to the Court, and reviewing plaintiff’s status as a civil detainee1, the Court will make
such a finding at this time.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration as to his motion
to proceed in forma pauperis on appeal [Doc. #20] is DENIED.

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Although prisoners must pay the full filing fee as part of the Prison Litigation Reform Act
(“PLRA”), the PLRA does not apply to civil detainees.

IT IS FURTHER ORDERED that due to plaintiff’s status as a civil detainee and
plaintiff’s insufficient funds, the Court will waive collection of the $505 appellate filing fee at
this time.
Dated this 14th day of October, 2015.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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