Munt v. Roy

Background

Joel Marvin Munt, who was incarcerated and represented himself, sought permission to proceed without prepaying the filing fee for his appeal of the dismissal of this action. Because Munt was a prisoner, the Prison Litigation Reform Act required him to pay the full appellate filing fee, but allowed payment through an initial partial fee and later installments.

Court’s analysis

The court applied 28 U.S.C. § 1915(b). The statute requires an initial partial filing fee equal to 20 percent of whichever is greater: the prisoner’s average monthly deposits or average monthly account balance during the six months before the appeal. Munt’s average monthly deposits were $104.81, and his average monthly balance was $51.28. The court therefore calculated the initial partial fee as 20 percent of $104.81, or $20.96.

The court explained that the remaining balance of the $505.00 appellate filing fee would be collected in installments through deductions from Munt’s prison trust account. The court also stated that Munt would have to pay the filing fee regardless of the appeal’s outcome. Although the court remained satisfied that the action had been properly dismissed, it found that Munt’s appeal was not frivolous and was taken in good faith.

Order and effect

The court ordered Munt to pay the $20.96 initial partial filing fee immediately. It ordered him to pay the remaining $484.04 under the statutory installment procedure and directed the clerk to notify the authorities at the institution where Munt was confined. Subject to those requirements, Judge Susan Richard Nelson granted Munt’s application to proceed without prepaying the appellate filing fee. This order addressed payment for the appeal; it did not change the court’s stated view that the underlying action had been properly dismissed.