Pinson v. Hadaway
- Nancy Brasel
- 0:18-cv-03420
- U.S. District Court · District of Minnesota
- 5
In Pinson v. Hadaway, Judge Menendez denied Pinson’s fee waiver and ordered payment of a $2.33 initial fee within 60 days.
Jeremy Pinson, whose request to proceed without paying the $2.33 initial partial filing fee was denied and who was ordered to pay it within 60 days.
What happened
In Pinson v. Hadaway, Jeremy Pinson asked to proceed without paying the initial partial filing fee required in a prisoner lawsuit. The court had previously found that she qualified for an exception based on alleged imminent danger, but had still calculated an initial fee of $2.33.
Pinson argued that her current prison-account balance was $0.00 and that she had no assets or means to pay. The court ruled that her account history showed average monthly deposits of $11.67, so the fact that she currently lacked enough money did not establish that she lacked the means to pay.
Judge Menendez denied the motion and ordered Pinson to pay at least $2.33 within 60 days. If she pays, the remaining balance of the $350 statutory filing fee will be collected in installments; if she does not, she will have to explain why the case should not be dismissed without prejudice.
The detailed version
- Pinson v. Hadaway · No. 0:18-cv-03420
- Nancy Brasel
- May 2, 2019
Background
Jeremy Pinson filed a prisoner civil-rights action against FNU Hadaway, FNU Jordan, the Federal Bureau of Prisons, and the United States of America. She applied to proceed without prepaying filing fees. The court initially found that she had brought at least three earlier actions or appeals that were dismissed as frivolous, malicious, or for failure to state a claim, which generally barred her from proceeding without prepaying fees under 28 U.S.C. § 1915(g).
The court later reconsidered that ruling and found that Pinson qualified for the statutory exception for prisoners facing imminent danger of serious physical injury. The court therefore applied 28 U.S.C. § 1915(b) and determined that she owed an initial partial filing fee of $2.33.
Motion and Analysis
Pinson moved for permission to proceed without paying the initial partial fee. She argued that she had no assets or means to pay and submitted a prison commissary-account statement showing a current balance of $0.00.
The court denied the motion. It explained that a current balance below the required fee does not by itself show that a prisoner lacks the means to pay. Pinson’s account statement showed average monthly deposits of $11.67 over the six-month period from mid-June through mid-December 2018. Based on that history, the court concluded that she appeared to have the means to pay the $2.33 fee, even if she did not currently have enough money in the account.
The court distinguished the cases Pinson cited because they involved different circumstances, including a case where a prisoner had initially been allowed to proceed without paying the initial fee. The court also emphasized that this matter concerned whether the case could begin, not whether failure to pay justified dismissal.
Disposition
The court denied Pinson’s motion and ordered her to pay an initial partial filing fee of at least $2.33 within 60 days of the order. If she proceeds, prison officials will deduct funds from her account toward the remaining unpaid balance of the $350 statutory filing fee, regardless of whether she succeeds in the action. The order stated that if she does not pay within 60 days, she will be required to show why the case should not be dismissed without prejudice.
Judge
The order was signed by Katherine M. Menendez, United States Magistrate Judge.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.