Stechauner, Matthew v. Wall, Edward et al

Filing 143

ORDER granting 138 Motion for Transcripts / Transcript Statement; granting 139 Motion for Leave to Appeal in forma pauperis; granting 141 Motion for certified copy of judgment and copy of July 18, 2019 default hearing. Stechauner may have until November 6, 2019, to submit a check or money order made payable to the clerk of court in the amount of $1.02. Signed by District Judge James D. Peterson on 10/15/2019. (jef),(ps)

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

MATTHEW C. STECHAUNER,
Plaintiff,

ORDER

v.
PAUL KEMPER, LAVAIL JAMISON,
DANA BROWN, and KIM EINWALTER,

17-cv-582-jdp
Appeal No. 19-2791

Defendants.
Pro se plaintiff Matthew Stechauner brought claims against employees of the Racine
Correctional Institution, an institution in which he was previously incarcerated. On June 24,
2019, a jury returned a verdict in favor of defendants Paul Kemper, Dana Brown, and Lavail
Jamison. Dkt. 117. After a default hearing on July 18, 2019, I granted Stechauner’s motion for
default judgment against defendant Kim Einwalter, awarding compensatory damages of $2,500
and punitive damages of $2,500. Dkt. 125. Stechauner filed a notice of appeal, Dkt. 134, and
he requests leave to proceed in forma pauperis on appeal, Dkt. 139.
A district court may deny a request for leave to proceed in forma pauperis under 28
U.S.C. § 1915 if the litigant hasn’t established indigence, if the appeal is taken in bad faith, or
if the litigant is a prisoner and has three “strikes.” 28 U.S.C. §§ 1915(a), (g); Sperow v. Melvin,
153 F.3d 780, 781 (7th Cir. 1998). I conclude that Stechauner has established his indigence,
that he does not have three strikes against him, and that his appeal is not taken in bad faith.
Stechauner is eligible to proceed in forma pauperis.
Under 28 U.S.C. §§ 1915(b)(1)–(2), indigent inmates are required to pay the full
amount of the $505 docketing fee for a notice of appeal in increments, starting with an initial
partial payment. Based on Stechauner’s inmate trust fund account statement, it appears that

he can make an initial partial payment of $1.02, which will be due no later than November 6,
2019. If the balance in Stechauner’s regular account is not sufficient to make the initial partial
appeal payment, arrangements will have to be made by Stechauner with prison authorities to
pay some or all of the fee from plaintiff’s release account. He must then pay the remainder of
the docketing fee for each case in monthly installments in accordance with 28 U.S.C.
§ 1915(b)(2).
Stechauner has also filed a transcript statement and a letter requesting preparation of
the default hearing transcript at government expense. Dkt. 138 and Dkt. 141. Because I have
determined that Stechauner is eligible to proceed in forma pauperis on appeal and that his
appeal is not frivolous, I will grant this motion. In his letter, Stechauner also requests a certified
copy of his judgment, Dkt. 126, which I will also grant.
ORDER
IT IS ORDERED that:
1.

Plaintiff Matthew Stechauner’s request for leave to proceed in forma pauperis
on appeal, Dkt. 139, is GRANTED. The court certifies that Stechauner’s notice
of appeal is not taken in bad faith for purposes of Fed. R. App. P. 24(a)(3).

2.

Stechauner may have until November 6, 2019, to submit a check or money order
made payable to the clerk of court in the amount of $1.02. If by November 6,
2019, Stechauner fails to pay the initial partial appeal payment or show cause
for failure to do so, then I will advise the court of appeals of his noncompliance
in paying the assessment so that it may take whatever steps it deems appropriate
with respect to this appeal.

3.

The clerk of court is requested to ensure that the court’s financial records reflect
Stechauner’s obligation to pay the $1.02 initial partial payment and the $505.00
appeal fee for this case.

4.

Stechauner’s motion requesting preparation of the default hearing transcript at
government expense and a certified copy of his judgment, Dkt. 138 and
Dkt. 141, is GRANTED. The court reporter is directed to prepare transcripts of
the July 18, 2019 default hearing and to furnish copies to Stechauner, with fees

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to be paid by the United States, pursuant to 28 U.S.C. § 753(f), and to send
Stechauner a certified copy of his judgment, Dkt. 126.
Entered October 15, 2019.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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