King, James v. Werlinger, R.

Filing 18

ORDER granting petitioner's 10 motion for leave to proceed in forma pauperis on appeal. Initial partial filing fee of $ 65.00 assessed. (Initial partial filing fee due 3/6/2014.) Signed by District Judge William M. Conley on 2/6/2014. (jef),(ps)

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

JAMES T. KING,
ORDER

Petitioner,

13-cv-537-wmc

v.

R. WERLINGER, Warden,
FCI - Oxford,
Respondent.

Federal prisoner James T. King filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241, challenging the sentence he received in United States v.

King, Case No. 06-cr-50074-02 (N.D. Ill). On December 19, 2013, the court dismissed
that petition for lack of jurisdiction. IGng has filed a notice of appeal from that decision
and he requests leave to proceed in Jonna pauperis. It does not appear that IGng has filed
his appeal in bad faith or that leave to proceed is otherwise precluded. Therefore, the
court concludes that he is eligible to pursue an appeal without prepayment of the
docketing fee. See Fed. R. App. P. 24(a)(3).
Having found that IGng is eligible to proceed in Jonna 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. § l 915(b), a court may nonetheless require an indigent appellant in

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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) (citingLongbehn 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 King has
adequate financial resources to make a $65.00 initial partial payment of the $505.00
appellate filing fee in this case. For his appeal to proceed, King must remit this amount
no later than March 6, 2014.

ORDER
IT IS ORDERED that:
1.

The court certifies that the appeal filed by petitioner James T. King
is not taken in bad faith for purposes of Fed. R. App. P. 24(a)(3).

2.

IGng's motion for leave to proceed in Jonna pauperis on appeal (Dkt.
# 10) is GRANTED.

3.

No later than March 6, 2014, IGng shall submit a check or money
order made payable to the Clerk of Court in the amount of $65.00
as an initial partial payment of the docketing fee for his appeal.

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4.

King is advised that, if he fails to tender the initial partial fee
payment as directed, his appeal may be dismissed without further
notice.

Entered this 6th day of February, 2014.

BY THE COURT:

Isl
WILLIAM M. CONLEY
District Judge

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