Anderson, Edward v. Tegels, Lizzie

Filing 37

ORDER granting 30 Motion for Leave to Appeal in forma pauperis. Initial partial appeal fee of $134.10 due 11/19/2014. Signed by District Judge William M. Conley on 10/28/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
EDWARD D. ANDERSON,
Petitioner,
v.

ORDER
11-cv-584-wmc
App. No. 14-3126

LIZZIE TEGELS, Warden,
New Lisbon Correctional Institution,
Respondent.

On August 12, 2014, the court denied the habeas corpus petition filed by state
prisoner Edward Anderson pursuant to 28 U.S.C. § 2254. Anderson has filed a notice of
appeal from that order and he requests leave to proceed in forma pauperis. (Dkts. #29, #30).
As directed in this court’s order of October 2, 2014, Anderson has submitted a certified copy
of his trust fund account statement so that a determination may be made as to whether he is
indigent for the purpose of proceeding on appeal in forma pauperis and if he is, what amount
must be assessed as an initial partial payment of the fee for filing his appeal. Because it does
not appear that Anderson has filed his appeal in bad faith or that leave to proceed is
otherwise precluded by Fed. R. App. P. 24(a), the court certifies that he is eligible for
indigent status with respect to his notice of appeal.
Having found that Anderson is eligible to proceed in forma pauperis, the court must
determine whether he has the ability to pay some portion of the $505.00 appellate docketing
fee. Although appeals taken in federal habeas corpus proceedings are not subject to filing-fee
requirements found in the Prison Litigation Reform Act (the “PLRA”), 28 U.S.C. § 1915(b),
a court may nonetheless require an indigent appellant in a non-PLRA case to “pay a fee
commensurate with their ability to do so.” Walker v. O’Brien, 216 F.3d 626, 638 n.5 (7th Cir.
2000) (citing Longbehn v. United States, 169 F.3d 1082, 1083-84 (7th Cir. 1999)). In other
words, a habeas petitioner may be required to make an initial payment in order to have his

appeal filed and to remit monthly installment payments thereafter until he has paid the full
appellate filing fee. See Webb v. Anderson, 224 F.3d 649, 653 (7th Cir. 2000).
After considering his supporting documentation, the court finds that Anderson has
adequate financial resources to make a $134.10 initial partial payment of the $505.00
appellate docketing fee in this case. For his appeal to proceed, Anderson must remit this
amount no later than November 19, 2014.
ORDER
IT IS ORDERED that:
1. Having CERTIFIED that the notice of appeal filed in this case (dkt. # 29) has
not been taken in bad faith for purposes of Fed. R. App. P. 24(a)(3), petitioner
Edward Anderson’s motion for leave to proceed in forma pauperis (Dkt. # 30) is
GRANTED.
2. No later than November 19, 2014, Anderson shall submit a check or money
order made payable to the Clerk of Court in the amount of $134.10 as an
initial partial payment of the docketing fee for his appeal.
3. Anderson is advised that if he fails to make his initial partial fee payment as
directed by November 19, 2014, the clerk’s office will notify the court of
appeals so that it may take whatever action it deems appropriate with respect
to this appeal.
Entered this 28th day of October, 2014.
BY THE COURT:
/s/
_________________________________
WILLIAM M. CONLEY
District Judge

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