Carter, Jackie v. Miesner, Micheal et al

Filing 111

ORDER granting plaintiff's request for leave to proceed ifp on appeal. Initial partial appeal filing fee of $35.64 due February 3, 2015. Signed by District Judge William M. Conley on 1/13/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JACKIE CARTER,

Plaintiff,
v.

ORDER
12-cv-574-wmc
App. No. 14-3575

MICHAEL MEISNER, et al.,

Defendants,

On October 31, 2014, the court granted defendants’ motion for summary
judgment and dismissed this case. Plaintiff Jackie Carter has filed a notice of appeal and
he requests leave to proceed in forma pauperis. Because Carter is incarcerated, his case is
governed by the Prisoner Litigation Reform Act (PLRA), 28 U.S.C. § 1915(b), which
requires indigent inmates to pay by installment the entire filing fee for civil actions and
appeals.

At the court’s request, Carter has supplied an inmate trust fund account

statement so that a determination may be made as to whether he is indigent and, if so,
what amount must be assessed as an initial partial payment of the fee for his appeal. In
making that determination, the court must also certify whether an appeal is “not taken in
good faith” or that the party is “not otherwise entitled to proceed” as an indigent litigant for
purposes of Fed. R. App. P. 24(a)(3). See 28 U.S.C. § 1915(a)(3) (“An appeal may not be
taken in forma pauperis if the court certifies in writing that it is not taken in good faith.”).

From the financial information that Carter provides, the court finds that he lacks
sufficient means to pre-pay the $505.00 appellate docketing fee that he qualifies as
indigent. Because it does not appear that Carter has filed his appeal in bad faith or that

pauper status is otherwise precluded by Fed. R. App. P. 24(a), the court will grant his
motion for leave to proceed in forma pauperis.
Although Carter has been found eligible to proceed in forma pauperis, the PLRA
requires indigent inmates to pay the full amount of the docketing fee for his notice of
appeal ($505) in increments, starting with an initial partial payment, pursuant to the
formula found in 28 U.S.C. § 1915(b)(1)-(2). Based on his inmate trust fund account
statement, the court finds that Carter is able to make an initial partial filing fee payment
of $35.64, which will be due no later than February 3, 2015. Thereafter, Carter shall pay
the remainder of the $505 appellate docketing fee in monthly installments according to
28 U.S.C. § 1915(b)(2).

ORDER
IT IS ORDERED that:
1. Plaintiff Jackie Carter’s notice of appeal is not taken in bad faith for
purposes of Fed. R. App. P. 24(a)(3).
2. Carter’s motion for leave to proceed in forma pauperis (dkt. # 100) is
GRANTED.
3. No later than February 3, 2015, Carter shall submit a check or money
order made payable to the Clerk of Court in the amount of $35.64 as an
initial partial payment of the docketing fee for his appeal.

Thereafter,

plaintiff shall pay the remainder of the $505 appellate docketing fee in
monthly installments according to 28 U.S.C. § 1915(b)(2). If plaintiff does
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not have the money to make the initial partial payment in plaintiff’s regular
account, plaintiff will have to arrange with prison authorities to pay some or all
of the assessment from plaintiff’s release account.

4. Carter is advised that if he fails to make the initial partial fee payment as
directed, the clerk’s office will alert the Seventh Circuit, which may result
in the dismissal of his appeal.
Entered this 13th day of January, 2015.

BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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