Jackson v. Minnesota Department of Human Services
- Katherine Menendez
- 0:20-cv-00749
- U.S. District Court · District of Minnesota
- 3
In Jackson v. Minnesota Department of Human Services, Judge Menendez denied Jackson’s request to appeal without paying the filing fee.
Deidre Sherell Jackson’s request to proceed on appeal without prepaying the filing fee was denied by the district court. The order directs the district clerk to notify the parties and the Eighth Circuit; Jackson may file a separate request in the court of appeals within 30 days after service of that notice.
What happened
Deidre Sherell Jackson appealed after the court entered judgment following a bench trial and asked to proceed without paying the appellate filing fee because she said she could not afford it.
The court considered Jackson’s reported income, assets, and monthly expenses. Although the court recognized that her income was limited and her expenses significant, it found that her income considerably exceeded the federal poverty level for one person living in Minnesota.
Judge Menendez denied Jackson’s application to proceed without prepaying the appellate filing fee. The district clerk must notify the parties and the Eighth Circuit, and Jackson may ask the court of appeals directly to proceed without paying within 30 days after the required notice is served.
The detailed version
- Jackson v. Minnesota Department of Human Services · No. 0:20-cv-00749
- Katherine Menendez
- Sept. 3, 2024
Background
The court had entered findings of fact, conclusions of law, and judgment after a bench trial. Jackson then filed a notice of appeal to the Eighth Circuit Court of Appeals and submitted an application to proceed on appeal without prepaying the filing fee. She asserted that she was financially unable to pay the appellate filing fee.
Legal standard
The current appellate docketing fee was $605. Under federal law and the Federal Rules of Appellate Procedure, a person may appeal without prepaying the filing fee by submitting an affidavit showing an inability to pay. The court explained that a person does not need to be completely destitute, but the information must show that paying the costs would prevent the person from providing the necessities of life for herself and her dependents.
Court’s analysis
Jackson reported gross monthly pay of $4,800 for the preceding 12 months, identified her assets, and listed her typical monthly expenses. The court acknowledged that her income was limited and her expenses were significant. It nevertheless found that her income considerably exceeded the federal poverty level for one person living in Minnesota. Based on the information in her application, the court could not conclude that she was unable to pay the appellate filing fee without giving up the necessary incidents of normal life.
Disposition
Judge Katherine Menendez denied Jackson’s Application to Proceed on Appeal without prepaying the filing fee, ECF 221. Under the appellate rules, the district clerk must notify the parties and the Eighth Circuit of the denial. Within 30 days after service of that notice, Jackson may file a motion asking the court of appeals to allow her to proceed without prepaying the appellate filing fee.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.
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