Williams, Quentrell v. Haines, Tim et al

Filing 29

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. No later than January 7, 2014, Williams shall submit a check or money order made payable to the Clerk of Court in the amount of $2.97 as an initial partial payment of the docketing fee for his appeal. Signed by District Judge William M. Conley on 12/19/2014. (jef),(ps)

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

QUENTRELL E. WILLIAMS,
Plaintiff,
v.

ORDER
14-cv-312-wmc
App. No. 14-3458

TIM HAINES, et al.,
Defendants,

As directed in this court’s order of November 14, 2014, plaintiff Quentrell
Williams, has submitted a certified copy of his trust fund account statement so that a
determination may be made whether he is indigent for the purpose of proceeding on
appeal in forma pauperis and if he is, what amount must be assessed under the 1996
Prison Litigation Reform Act as an initial partial payment of the fee for filing his appeal.
As an initial matter, the federal in forma pauperis statutes require a district court to
certify whether an appeal is “not taken in good faith” or that the party is “not otherwise
entitled to proceed” as an indigent litigant. FED. R. APP. P. 24(a)(3). The court has
carefully reviewed all pertinent matters in this civil action. Based on this review and the
court’s clear recollection of the relevant proceedings, the court certifies that plaintiff has
not filed his appeal in bad faith for purposes of Fed. R. App. P. 24(a)(3).
Because plaintiff is incarcerated, his eligibility for leave to proceed in forma pauperis
is governed by the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g), which
bars an inmate from proceeding without prepayment of the filing fee if he has, on three

or more prior occasions, while incarcerated or detained brought an action or appeal in a
court of the United States that was dismissed as frivolous, malicious, or failure to state a
claim upon which relief may be granted unless the prisoner is under imminent danger of
serious physical injury. Plaintiff has no “strikes” or sanctions against him for engaging in
frivolous litigation while in prison and there does not appear to be any other impediment
to indigent status.

Therefore, after considering plaintiff’s motion and supporting

documentation, which includes a certified copy of his inmate trust fund account
statement, the court concludes that plaintiff is eligible to proceed as an indigent litigant.
Although plaintiff 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 plaintiff’s inmate trust fund
account statement, the court is able to make an initial partial filing fee payment of $2.97,
which will be due no later than January 7, 2014.

Thereafter, plaintiff 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 Quentrell Williams’ notice of appeal is not taken in bad faith for
purposes of Fed. R. App. P. 24(a)(3).

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2. Williams’ motion for leave to proceed in forma pauperis (Dkt. # 20) is
GRANTED.
3. No later than January 7, 2014, Williams shall submit a check or money
order made payable to the Clerk of Court in the amount of $2.97 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).
4. If plaintiff fails to make his initial partial fee payment as directed by
January 7, 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 19th day of December, 2014.

BY THE COURT:

/s/
WILLIAM M. CONLEY
District Judge

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