Hodges v. State of Minnesota Department of Corrections

Background

David Laurence Hodges applied to proceed in forma pauperis (without prepaying the full court filing fee) on appeal. The court stated that, although it believed its September 22, 2021 order was correct, Hodges's appeal was not frivolous because it had an arguable basis in law or fact. The court also found that no statute or other circumstance prevented Hodges from continuing to proceed without prepaying the entire fee.

Filing-fee calculation

The Prison Litigation Reform Act requires a prisoner who proceeds without prepaying fees on appeal to pay the full appellate filing fee over time. The court must assess an initial partial filing fee equal to 20 percent of the greater of the prisoner's average monthly deposits or average monthly account balance during the six months before the appeal. The remaining balance is collected through monthly payments from the prison account.

Hodges's average monthly deposits were $892.10, and his average monthly balance was $117.98. Because the deposits were greater, the court calculated the initial partial filing fee as 20 percent of $892.10, or $178.42. The court stated that the total appellate filing fee was $505, leaving an unpaid balance of $326.58.

Ruling

Judge Wilhelmina M. Wright GRANTED Hodges's application to proceed in forma pauperis on appeal, subject to the requirements of 28 U.S.C. § 1915(b). The court ordered the $178.42 initial partial filing fee paid immediately and required Hodges to pay the remaining $326.58 through the installment process required by that statute. The clerk was ordered to notify the authorities at the institution where Hodges is confined.

The opinion refers once to deductions from “Jackson's” trust account, although the plaintiff and the order identify Hodges. The text does not explain that reference.