Mathews v. Brown et al

Filing 165

ORDER that plaintiff Dion Mathews's request for leave to proceed in forma pauperis on appeal, (dkts. 161 , 163 ) is GRANTED. Plaintiff assessed an initial partial payment of $16.12 due 6/18/2018. Plaintiff's motion for a stay and to appoint counsel (dkt. 162 ) is DENIED without prejudice. Signed by Magistrate Judge Stephen L. Crocker on 5/30/2018. (nln),(ps)

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

DION MATHEWS,
Plaintiff,

ORDER

v.
CAPTAIN LEBBEUS BROWN, et al.

Case No. 16-cv-650-slc
Appeal No. 18-1659

Defendants.

On March 5, 2018, I granted summary judgment in favor of defendants and judgment
was entered the same day. (Dkts. 151, 152.) On March 28, 2018, plaintiff Dion Mathews filed
a timely motion to alter or amend that judgment pursuant to Federal Rule of Civil Procedure
59(e) (dkt. 153), which I denied on May 4, 2018. Now plaintiff has filed a notice of appeal.
(Dkt. 154.)
Plaintiff moves for leave to proceed in forma pauperis on appeal. (Dkts. 161, 163.) This
case is governed by the Prison Litigation Reform Act (PLRA), which requires indigent inmates
to pay by installment the entire filing fee for civil actions and appeals. 28 U.S.C. § 1915(b).
From the financial information that plaintiff provides (dkt. 164), I find that he lacks sufficient
means to prepay the entire $505 appellate docketing fee. It does not appear that plaintiff has
filed his appeal in bad faith or that pauper status is otherwise precluded by Federal Rule of
Appellate Procedure 24(a), so I will grant plaintiff’s motion for leave to proceed in forma pauperis.
Although plaintiff may proceed in forma pauperis, the PLRA requires indigent inmates to
make an initial partial payment pursuant 28 U.S.C. § 1915(b)(1). Based on his inmate trust
fund account statement, the court has calculated that plaintiff must make an initial partial filing
fee payment of $16.12 for his appeal, which is due no later than June 18, 2018. Plaintiff must

pay the remainder of the $505 appellate docketing fee in monthly installments pursuant to 28
U.S.C. § 1915(b)(2).
Finally, plaintiff has also filed a motion to stay proceedings and appoint counsel. (Dkt.
162.) However, his motion is captioned to the Seventh Circuit Court of Appeals, so it appears
that he intended to file it with that court. Accordingly I am denying that motion without
prejudice. If plaintiff wishes to stay the appeal and be appointed counsel, he will have to file his
motion directly with the Court of Appeals for the Seventh Circuit.

ORDER
IT IS ORDERED that:
1. Plaintiff Dion Mathews’s request for leave to proceed in forma pauperis on appeal,
(dkts. 161, 163) is GRANTED. The court certifies that plaintiff’s appeal is not
taken in bad faith for purposes of Fed. R. App. P. 24(a)(3).
2. No later than June 18, 2018, plaintiff shall submit a check or money order made
payable to the clerk of court in the amount of $16.12 as an initial partial payment
of the docketing fee for this appeal. If plaintiff does not have the money to make
the initial partial appeal payment from his regular account, he may arrange with
prison authorities to pay some or all of the assessment from his release account.
3. If plaintiff fails to make his initial partial fee payment as directed by June 18, 2018,
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.
4. Plaintiff’s motion for a stay and to appoint counsel (dkt. 162) is DENIED without
prejudice.
Entered this 30th day of May, 2018.

BY THE COURT:
/S /
STEPHEN L. CROCKER
Magistrate Judge