Udoh v. Janssen

Background

Emem Ufot Udoh applied to proceed in forma pauperis (IFP) on appeal, meaning he sought permission to pursue the appeal without paying the entire appellate filing fee at the beginning. The court stated that it believed its May 9, 2022 order was correct, but concluded that Udoh’s appeal was not frivolous. The court also found that no statute or other circumstance prevented Udoh from proceeding IFP.

Filing-fee calculation

Because Udoh is a prisoner, the Prison Litigation Reform Act requires him to pay the full filing fee even if he receives IFP status. The fee may be paid in installments. The statute requires an initial partial filing fee equal to 20 percent of the greater of the prisoner’s average monthly deposits or average monthly balance during the relevant six-month period.

Udoh’s average monthly deposits were $278.47, and his average monthly balance was $150.92. Because the deposits were higher, the court calculated the initial partial filing fee as 20 percent of $278.47, or $55.69. The court stated that the remaining balance of the $505 appellate filing fee would be collected through monthly deductions from Udoh’s prison trust account as required by the statute.

Ruling

Judge Wilhelmina M. Wright granted Udoh’s application to proceed IFP on appeal, subject to the requirements of 28 U.S.C. § 1915(b). The court ordered the $55.69 initial partial filing fee paid immediately, required Udoh to pay the remaining $449.31 through the statutory installment process, and directed the clerk to notify officials at the institution where Udoh is confined.