Mitchell, Roy v. Kallas, Kevin et al

Filing 167

ORDER Construing Notice of Appeal as Request to Proceed ifp. Leave to proceed ifp granted. Mitchell is assessed $3.53 as an initial partial payment of the appellate docketing fee for her appeal, which will be applied from the $7.10 check received by the court on September 2, 2016. Signed by District Judge William M. Conley on 9/13/2016. (jef),(ps)

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

ROY MITCHELL,
Plaintiff,
v.

ORDER
15-cv-108-wmc
Appeal no. 16-3350

KEVIN KALLAS, et al.
Defendants,

On August 26, 2016, the court granted summary judgment in favor of defendants
Kevin Kallas and Dr. Dawn Laurent, and dismissed the prisoner civil rights complaint
filed by plaintiff Roy Mitchell. Now, Mitchell has filed a notice of appeal. Mitchell has
been found eligible to proceed as an indigent previously in this case, and presumably
seeks to proceed in forma pauperis on appeal. (Dkt. # 163).
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, it does
not appear that Mitchell has filed her appeal in bad faith for purposes of Fed. R. App. P.
24(a)(3).
The court notes further that Mitchell has not received three “strikes” or sanctions
against her for engaging in frivolous litigation while in prison, see 28 U.S.C. § 1915(g),
and there does not appear to be any other impediment to indigent status. Therefore,
after considering her recent inmate trust fund account statement, the court concludes

that Mitchell is eligible to proceed as an indigent litigant.
Although Mitchell 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 Mitchell’s inmate trust fund
account statement, the court calculates an initial partial appeal filing fee of $3.53, which
will be applied from a check she sent to the court on September 2, 2016. Hereafter,
Mitchell 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. Having found that the notice of appeal is not taken in bad faith for
purposes of Fed. R. App. P. 24(a)(3) and that she is otherwise eligible to
proceed as an indigent litigant, plaintiff Roy Mitchell’s motion for leave to
proceed in forma pauperis on appeal (Dkt. # 163) is GRANTED.
2. Mitchell is assessed $3.53 as an initial partial payment of the appellate
docketing fee for her appeal, which will be applied from the $7.10 check
received by the court on September 2, 2016. Hereafter, Mitchell shall pay
the remainder of the $505 appellate docketing fee in monthly installments
according to 28 U.S.C. § 1915(b)(2).
Entered this 13th day of September 2016.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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