Gordon, Samterious v. Brown et al

Filing 134

ORDER granting 112 Motion for Leave to Appeal in forma pauperis; granting 116 , 129 Motions for transcripts; denying 108 118 Motion to Move to Another Institution; denying 123 Motion for Mediation.. denying 108 Motion for lateral mo ve because of retaliation, motion for discovery and motion for post-conviction; The initial partial appeal fee of $3.52 is due 6/26/2020. The court reporter is directed to prepare transcripts of the January 7, 2020 trial and to furnish copies to Gordon, with fees to be paid by the United States, pursuant to 28 U.S.C. § 753(f). Signed by District Judge William M. Conley on 6/5/2020. (jef; cc: court reporters, New Lisbon business office),(ps)

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

SAMTERIOUS GORDON,
Plaintiff,
v.

ORDER
18-cv-176-wmc
App. No. 20-1139

DREW CROSS, et al.,
Defendants.

On January 7, 2020, the court entered judgment in this case after a jury returned a
verdict in favor of defendants Drew Cross, Joseph Fraundorf and Lynn Dobbert. Now
plaintiff Samterious Gordon filed a notice of appeal (dkt. #111), and a motion for leave
to proceed in forma pauperis on appeal (dkt. #112).
Because Gordon is incarcerated, his case is governed by the Prisoner Litigation
Reform Act (“PLRA”), 28 U.S.C. § 1915(b), which requires indigent inmates to pay by
installment the entire filing fee for civil actions and appeals. Gordon has supplied an
inmate trust fund account statement so that a determination may be made as to whether
he is indigent and, if so, what amount must be assessed as an initial partial payment of the
fee for his appeal. In making that determination, the court must also certify whether an
appeal is “not taken in good faith” or that the party is “not otherwise entitled to proceed”
as an indigent litigant for purposes of Federal Rule of Appellate Procedure 24(a)(3). See
28 U.S.C. § 1915(a)(3) (“An appeal may not be taken in forma pauperis if the court certifies
in writing that it is not taken in good faith.”).

From the financial information that Gordon provides, the court finds that he lacks
sufficient means to pre-pay the $505.00 appellate docketing fee and that he qualifies as
indigent. Because it does not appear that Gordon has filed his appeal in bad faith or that
pauper status is otherwise precluded by Federal Rule of Appellate Procedure 24(a), the
court will grant his motion for leave to proceed in forma pauperis.
Although Gordon 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 his inmate trust fund account
statement, the court finds that Gordon is able to make an initial partial filing fee payment
of $3.52, which will be due no later than June 26, 2020. Thereafter, Gordon shall pay the
remainder of the $505 appellate docketing fee in monthly installments according to 28
U.S.C. § 1915(b)(2).
Gordon has also filed letters requesting preparation of the trial transcript at
government expense. (Dkt. ##116, 129.) Because I have determined that Gordon is
eligible to proceed in forma pauperis on appeal and that his appeal is not frivolous, I will
grant this motion.
Finally, Gordon has filed two motions requesting that he be transferred to a
different prison because the officers transporting him to the federal court for trial retaliated
against him and used excessive force. (Dkt. ##108, 118.) Gordon’s allegations are the
subject of a separate lawsuit pending in this court before Judge Barbara Crabb, Gordon v.
Vanderwerf, et al., 20-cv-415-bbc, so I will not address them in this closed case. Nor will I
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grant Gordon’s motion requesting that the court require mediation of his claims. (Dkt.
#123.) Gordon’s claims have been heard by a jury and are now on appeal. If he wants to
mediate with defendants, Gordon should contact defendants directly or file a motion with
the court of appeals.

ORDER
IT IS ORDERED that:
1. Plaintiff Samterious Gordon’s notice of appeal is not taken in bad faith for
purposes of Federal Rule of Appellate Procedure 24(a)(3).
2. Gordon’s motion for leave to proceed in forma pauperis (dkt. #112) is
GRANTED.
3. No later than June 26, 2020, Gordon shall submit a check or money order
made payable to the Clerk of Court in the amount of $3.52 as an initial
partial payment of the docketing fee for his appeal. Thereafter, Gordon shall
pay the remainder of the $505 appellate docketing fee in monthly
installments according to 28 U.S.C. § 1915(b)(2). If Gordon does not have
the money to make the initial partial appeal payment from his regular
account, he will have to arrange with prison authorities to pay some or all of
the assessment from his release account.
4. Gordon is advised that if he fails to make the initial partial fee payment as
directed, the clerk’s office will alert the Seventh Circuit, which may result in
the dismissal of his appeal.
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5. Gordon’s motions requesting preparation of the trial transcript at
government expense (dkt. ##116, 129) are GRANTED. The court reporter
is directed to prepare transcripts of the January 7, 2020 trial and to furnish
copies to Gordon, with fees to be paid by the United States, pursuant to 28
U.S.C. § 753(f).
6. Gordon’s motions to be transferred (dkt. ##108, 118) are DENIED.
7. Gordon’s motion for mediation (dkt. #123) is DENIED.
Entered this 5th day of June, 2020
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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