Ollestad v. City of Mora
- Katherine Menendez
- 0:25-cv-00003
- U.S. District Court · District of Minnesota
- 2
Counsel of record per CourtListener. Firm names are approximate.
In Ollestad v. City of Mora, Judge Menendez granted Ollestad’s application to appeal without paying the filing fee, finding financial eligibility and a nonfrivolous appeal.
Thomas Ollestad may pursue his appeal without paying the appeal filing fee. The order does not determine the outcome of the appeal or alter the prior dismissal of his complaint.
What happened
In Thomas Richard Ollestad v. City of Mora, et al., Thomas Ollestad asked to appeal without paying the federal filing fee. He had already been allowed to proceed without paying fees in the district court.
The court reviewed his application and found that he was financially eligible. It also found that his appeal did not appear legally or factually frivolous, meaning it had an arguable basis in law or fact.
Judge Katherine Menendez therefore granted Ollestad’s application to proceed without paying the filing fee on appeal. This order did not decide whether his appeal should succeed; it only allowed him to pursue it without paying that fee.
The detailed version
- Ollestad v. City of Mora · No. 0:25-cv-00003
- Katherine Menendez
- Jan. 5, 2026
Background
Thomas Ollestad filed an application to proceed without paying the filing fee for an appeal. He appealed to the United States Court of Appeals for the Eighth Circuit from the district court’s November 18, 2025 order, which dismissed his complaint with prejudice and denied his motion to strike as moot. The opinion does not describe the underlying claims in the complaint.
Ollestad had previously been allowed to proceed without paying fees in the district court. The appeal filing fee identified in the order was $605. Under the federal statute and appellate rule discussed by the court, a person who received this status in the district court may generally continue that status on appeal unless the district court finds that the appeal was not taken in good faith or that the person is no longer eligible.
Court’s Analysis
The court found that Ollestad was financially eligible to proceed without paying the appeal filing fee. It also found that his claims did not appear legally or factually frivolous. The court explained that an appeal is frivolous when it lacks an arguable basis in law or fact. Based on those findings, the court determined that the appeal was taken in good faith.
Disposition
The court granted Ollestad’s application to proceed without paying the filing fee on appeal. The order did not decide the merits of the appeal or determine whether the prior dismissal of the complaint was correct.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.