Aery v. Beitel

Background

James Paul Aery applied to proceed in forma pauperis on appeal, meaning he asked to pursue an appeal without paying the appellate filing fee in advance. He sought to appeal the dismissal of this case. On September 4, 2024, the court had adopted Magistrate Judge Douglas L. Micko’s report and recommendation and dismissed the case.

Legal standard

Under 28 U.S.C. § 1915, a prisoner who qualifies for this status generally may pay filing fees in installments rather than all at once. The status does not eliminate the prisoner’s responsibility for the full filing fee. Under the Prison Litigation Reform Act, a prisoner who appeals is responsible for the full $600 appellate filing fee, regardless of the appeal’s outcome. Normally, the court calculates and collects an initial partial fee based on the prisoner’s average account deposits or balance during the preceding six months, with the remaining amount collected in later installments.

Court’s analysis

Aery did not submit a certified six-month prison-account statement with his application. The court concluded that obtaining one would serve no useful purpose because Aery showed that his current prison-account balance was $0.00 and that he had received no income during the preceding 12 months. The court therefore found that he had no assets or ability to pay an initial partial appellate fee.

Ruling

Judge Katherine Menendez granted Aery’s application to proceed without paying an initial partial appellate fee. The court emphasized that this ruling did not eliminate his obligation to pay the full $600 appellate filing fee. It ordered that the unpaid balance be collected from his prison account as funds become available and directed the Clerk of Court to notify the authorities at the institution where he is confined.