Kniebes-Larsen v. United States
- Joan Ericksen
- 0:18-cv-01261
- U.S. District Court · District of Minnesota
- 2
In Kniebes-Larsen v. United States, Judge Ericksen granted Brandi Kniebes-Larsen’s request to proceed without paying appellate filing fees.
Brandi Kniebes-Larsen, whose application to proceed without paying appellate filing fees was granted.
What happened
Kniebes-Larsen v. United States involved Brandi Kniebes-Larsen’s request to appeal without paying the filing fees. She had previously filed a petition challenging her detention under a federal law, and the court dismissed it.
The court found that she was financially eligible for fee-free appellate proceedings. Although the court remained satisfied that her claims had been properly decided, it declined to certify that her appeal was not being taken in good faith and granted her application.
Judge Joan N. Ericksen entered the order granting Kniebes-Larsen permission to proceed without paying appellate filing fees.
The detailed version
- Kniebes-Larsen v. United States · No. 0:18-cv-01261
- Joan Ericksen
- Jan. 3, 2019
Background
Brandi Kniebes-Larsen, who was incarcerated at the Federal Correctional Institution—Waseca, filed a notice of appeal after the court dismissed her petition under 28 U.S.C. § 2241 and entered judgment. The issue in this order was whether she could proceed with the appeal without paying the appellate filing fees.
Legal standard
Under 28 U.S.C. § 1915, a prisoner seeking to proceed without paying fees on appeal must show an inability to pay or provide security for the fees. The court also may not allow fee-free appellate proceedings if it certifies that the appeal is not taken in good faith. An appeal is not taken in good faith when its claims are factually or legally frivolous—that is, when they lack an arguable basis in fact or law.
Ruling
The court found that Kniebes-Larsen’s application showed she was financially eligible to proceed without paying the appellate filing fees. Although the court stated that it remained satisfied that her claims had been properly adjudicated, it declined to certify that the appeal was not taken in good faith. The court therefore granted her application to proceed without paying fees on appeal.
Disposition
The application to proceed without paying fees on appeal was GRANTED.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.