Thomas-El v. Kekic

Background

Solomon Thomas-El, also identified in the opinion as “Soloman Tomas,” applied to proceed without prepaying court fees. Because he is incarcerated, the application is governed by the prisoner filing-fee provisions of 28 U.S.C. § 1915(b). The opinion states that the case involves claims related to a January 2024 traffic stop.

Initial partial filing fee

The court relied on a certificate from an authorized prison official. The certificate reported average monthly deposits of $20.00 and an average account balance of $9.50 during the six months before the complaint was filed. Under § 1915(b)(1), the initial partial fee is 20 percent of the larger amount, so the court determined that Thomas-El must pay at least $4.00.

Warnings about the claims and later payments

The court warned that the action would not proceed until Thomas-El paid the initial partial fee. If he pays it, he will have to pay the rest of the statutory filing fee through installments withdrawn from his facility account, regardless of the case’s outcome. The court also said it would screen the complaint to determine whether it states a viable claim within the court’s jurisdiction. It warned that a frivolous or malicious complaint, or one that fails to state a claim, could result in a “strike” under 28 U.S.C. § 1915(g).

The court further noted that the claims appeared potentially to challenge matters related to Thomas-El’s conviction in a Minnesota state-court case. It explained that a civil-rights claim under 42 U.S.C. § 1983 generally cannot proceed when success would necessarily imply that a conviction or sentence is invalid, unless the conviction or sentence has been favorably terminated in one of the ways recognized by law. The court stated that the opinion contained no indication of such a favorable termination. These comments were warnings about possible problems; the court did not decide the claims on their merits.

Order

Judge Shannon G. Elkins ordered Thomas-El to pay an initial partial filing fee of at least $4.00 within 21 days of the order’s date. If he fails to pay, the court will recommend dismissing the action without prejudice for failure to prosecute. The order itself does not dismiss the action and does not resolve the underlying claims.