Reinwand, Joseph v. Bradley, Lawrence et al

Filing 47

ORDER denying 46 plaintiff Joseph Reinwand's request to apply his previously paid $505 filing fee to his new appeal. Plaintiff may have until August 21, 2018 to either (1) pay the $505 appellate docketing fee; or (2) submit a certified trust fund account statement for the six-month period preceding the filing of the appeal. Signed by District Judge Barbara B. Crabb on 8/13/2018. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - JOSEPH REINWAND,
ORDER
Plaintiff,
17-cv-538-bbc
v.
NATIONAL ELECTRICAL BENEFIT FUND,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - On July 5, 2018, I entered an opinion and order granting defendant National
Electrical Benefit Fund’s motion for summary judgment in this case brought by pro se
plaintiff Joseph Reinwand under the Employee Retirement Income Security Act, 29 U.S.C.
§ 1132. Dkt. #39. Plaintiff filed a notice of appeal on July 24, 2018. Dkt. #41. He also
filed a motion with the court of appeals requesting that the $505 filing fee he had paid when
he filed an unsuccessful interlocutory appeal earlier in this case be applied to his current
appeal. The court of appeals construed plaintiff’s motion as a request to proceed in forma
pauperis on appeal and transferred the motion to this court. Dkt. #45.
Plaintiff’s request that the $505 fee he paid for his interlocutory appeal be applied
to his new appeal will be denied. Under the Federal Rules of Appellate procedure, appellants
must pay a fee for any appeal they file, whether the appeal is of a final order or interlocutory.
Fed. R. App. P. 3(e) and 5(d). Plaintiff has cited no authority for his argument that a fee
paid fee for a premature and unsuccessful appeal may be refunded or reapplied to a later-filed

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appeal.
Plaintiff may be able to proceed without prepayment of the full filing fee if he is
indigent. However, plaintiff has not submitted a certified trust fund account statement (or
institutional equivalent) as required by the federal in forma pauperis statute, 28 U.S.C. §
1915(a)(2). Accordingly, I cannot consider whether he qualifies for indigent status at this
time. If plaintiff submits a trust fund account statement by August 21, 2018, I can consider
whether he qualifies for in forma pauperis status.

ORDER
IT IS ORDERED that plaintiff Joseph Reinwand’s request to apply his previouslypaid $505 filing fee to his new appeal, dkt. #46, is DENIED. Plaintiff may have until
August 21, 2018 to either (1) pay the $505 appellate docketing fee; or (2) submit a certified
trust fund account statement for the six-month period preceding the filing of the appeal in
compliance with 28 U.S.C. § 1915(a)(2). Failure to comply as directed may result in the
dismissal of this appeal.
Entered this 13th day of August, 2018.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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