Brown v. Kroll et al

Filing 43

ORDER - Plaintiff may proceed on appeal in forma pauperis and without payment of the appellate filing fees. The Clerk of Court shall provide the Eighth Circuit Court of Appeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and regenerated to 8th Circuit) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MEE MEE BROWN,
Plaintiff,

8:17CV294

vs.
JOHN KROLL, Facility Operating
Officer at Norfolk Regional Center, In
Their Individual Capacities; BEVERLY
LEUSHEN, Licensed Administrative
Program Therapist, In Their Individual
Capacities; KATHY HERRON,
Licensed 3-East Unit Supervisor, In
Their Individual Capacities; TABITHA
WAGGONER, Provisionally Licensed
Group Facilitator and Social Worker, In
Their Individual Capacities; and
RHONDA WILSON, Registered Nurse,
In Their Individual Capacities;

ORDER

Defendants.
This matter is before the court on remand from the Eighth Circuit Court of
Appeals for the limited purpose of determining Plaintiff’s in forma pauperis
(“IFP”) status and assessing the appellate filing fees pursuant to 28 U.S.C. § 1915
as amended by the Prison Litigation Reform Act (“PLRA”).
Plaintiff has been committed to a state mental institution. She is not a
prisoner. The court previously determined that because Plaintiff proceeded IFP in
the district court, she may proceed on appeal in forma pauperis without further
authorization pursuant to Fed. R. App. P. 24(a)(3). (Filing No. 39.) The court did
not calculate and collect the appellate filing fees in accordance with the PLRA
because Plaintiff is not a “prisoner” within the meaning of the PLRA. See Reed v.

Clarke, No. 4:04CV3168, 2005 WL 1075092, at *1 n.1 (D. Neb. May 5, 2005)
(“The plaintiff is presently in the Lincoln Regional Center pursuant to a mental
health commitment. The Prison Litigation Reform Act (‘PLRA’) does not apply to
persons in custody pursuant to the Mental Health Commitment Act, as the
definition of ‘prisoner’ in the PLRA does not include a person involuntarily
committed for reasons of mental health.”) (citing Kolocotronis v. Morgan, 247
F.3d 726, 728 (8th Cir.2001)). Accordingly,
IT IS ORDERED that:
1.
Plaintiff may proceed on appeal in forma pauperis and without
payment of the appellate filing fees.
2.
The Clerk of Court shall provide the Eighth Circuit Court of Appeals
with a copy of this order.
Dated this 19th day of June, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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