Harvey v. Minnesota Department of Correction

Background

The Eighth Circuit sent the case back to the district court for the limited purpose of calculating Nigeria Lee Harvey’s initial appellate filing fee. The court stated that Harvey had not provided financial records from his prison trust account showing the account’s average deposits and balance during the six months before he filed the appeal, as required by 28 U.S.C. § 1915(b)(1).

Filing Fee

Because the financial documentation was missing, the court provisionally assessed an initial appellate filing fee of $35, relying on the cited Eighth Circuit decision in Henderson v. Norris. The fee was due and payable immediately. The court allowed Harvey to submit a certified copy of his prison trust-account statement within 30 days after the order’s date. If he did so, the court would recalculate the initial partial filing fee based on the information in that statement.

Motion Concerning the Appellate Record

Harvey also moved for permission to use the district court’s record on appeal. Although the motion was filed on the district court’s docket, the court determined that it was directed to the Eighth Circuit and requested relief only that court could grant. The district court therefore transferred the motion to the Eighth Circuit for consideration.

Disposition

The court provisionally assessed Harvey an initial appellate filing fee of $35, allowed him 30 days to submit a certified account statement for possible recalculation, and transferred his motion for leave to use the original record to the Eighth Circuit. Judge Wilhelmina M. Wright signed the order.