Rivera v. Lindmeier, et al.

Filing 65

ORDER granting IFP on appeal and waiving IPFF signed by Chief Judge William C Griesbach on 3-14-14. (cc: all counsel via CM/ECF, Natanael Rivera via U.S. Mail, and USCA via e-mail)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

NATANAEL RIVERA,
Plaintiff-Appellant,
v.

USDC Case No. 13-C-124
USCA Case No. 14-1018

ROBIN LINDMEIER, et al.,
Defendants-Appellees.

ORDER GRANTING IFP ON APPEAL

This court issued an order granting summary judgment, denying Plaintiff’s pending motions,
and dismissing this action. The plaintiff appealed and is before the court requesting leave to
proceed in forma pauperis on appeal. A party who has been granted leave to proceed in forma
pauperis in the district court may proceed in forma pauperis on appeal without further authorization
unless the district court certifies that the appeal is not taken in good faith or determines that the
party is otherwise not entitled to proceed in forma pauperis. Fed. R. App. P. 24(a).
In considering the plaintiff's request to proceed in forma pauperis before the district court,
it was determined that the plaintiff met the indigence requirement of 28 U.S.C. § 1915(a)(1) and that
his claims were neither malicious nor frivolous. As a result, this court does not find any indication
that the plaintiff’s appeal is not taken in good faith. Moreover, review of the plaintiff’s trust
account statement indicates that the funds in his account are so meager that the initial partial filing
fee on appeal is waived.

IT IS ORDERED that the plaintiff’s motion for leave to proceed in forma pauperis on
appeal is hereby GRANTED. The IPFF on appeal is WAIVED.
IT IS FURTHER ORDERED that the Secretary of the Wisconsin Department of
Corrections or his designee shall collect from the plaintiff's prison trust account the balance of the
filing fee ($455) by collecting monthly payments from the plaintiff's prison trust account in an
amount equal to 20% of the preceding month's income credited to the plaintiff's trust account and
forwarding payments to the Clerk of Court each time the amount in the account exceeds $10.00 in
accordance with 28 U.S.C. § 1915(b)(2). The payments shall be clearly identified by the case name
and number assigned to this action.
IT IS FURTHER ORDERED that copies of this order be sent to the warden of the
institution where the plaintiff is confined and to PLRA Attorney, United States Court of Appeals
for the Seventh Circuit, 219 S. Dearborn Street, Rm. 2722, Chicago, Illinois 60604.
Dated at Green Bay, Wisconsin this 14th day of March, 2014.

/s William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

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