Stewart, Timothy v. Holmes, Jessica et al

Filing 91

ORDER that plaintiff's motions for leave to proceed without prepayment of the entire appellate filing fee in Western District of Wisconsin Case Nos. 23-cv-91-jdp, 21-cv-764-jdp, and 24-cv-598-jdp are GRANTED. The clerk of court is directed to ensure that plaintiff's obligation to pay the filing fees for each of these appeals is reflected in this court's financial records. Signed by District Judge James D. Peterson on 11/26/2024. (lam),(ps)

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

TIMOTHY LEE STEWART, SR.,
Plaintiff,
v.

ORDER
23-cv-91-jdp

KARL MIKKELSEN,
Defendant.
TIMOTHY LEE STEWART, SR.,
Plaintiff,
v.
DREW MUSSEY and DYLON HANSEN,

ORDER
21-cv-764-jdp

Defendants.
TIMOTHY LEE STEWART, SR.,
Plaintiff,
v.

ORDER

JANE/JOHN DOE(S) and BELOIT POLICE
DEPARTMENT,

24-cv-598-jdp

Defendants.
I dismissed each of these cases to sanction plaintiff Timothy Lee Stewart for his repeated
misconduct, including using abusive langue toward opposing counsel and ignoring previous
sanctions that I had placed on him. Stewart v. Mikkelsen, No. 23-cv-91-jdp, 2024 WL 4252755,
at *3 (W.D. Wis. Sept. 20, 2024). I also barred Stewart from filing civil rights lawsuits for at
least two years. Id.

Now Stewart, proceeding without counsel, appeals the dismissal of each of these three
cases, and he seeks to proceed without prepayment of the appellate filing fees, also known as
“in forma pauperis” status, on those appeals. See Dkt. 104 and Dkt. 106 in the ’91 case.
A party is ineligible for in forma pauperis status on appeal if that party has not
established indigence, the appeal is not taken in good faith, or the party is a prisoner and has
three “strikes.” Section 1915(a)(1),(3) and (g); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir.
1998). I will not certify that his appeals are taken in bad faith, so I will grant his motions for
leave to proceed in forma pauperis. Based in the information in Stewart’s financial affidavit,
Dkt. 106, I will allow him to proceed without prepayment of any portion of the filing fees for
these appeals.

ORDER
IT IS ORDERED that:
1. Plaintiff’s motions for leave to proceed without prepayment of the entire appellate
filing fee in these cases are GRANTED.
2. The clerk of court is directed to ensure that plaintiff’s obligation to pay the filing
fees for each of these appeals is reflected in this court’s financial records.
Entered November 26, 2024.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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