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D. Minn.Procedural orderFiled Aug. 2, 2022

Redding v. Schnell

Judge
Katherine Menendez
Docket
0:21-cv-01930
Court
U.S. District Court · District of Minnesota
Pages
2
Fee PetitionCivil Procedure
In one sentence

In Redding v. Schnell, Judge Menendez ordered Nico Redding to pay a $29 initial appellate filing fee and deemed his later request to proceed without paying fees moot.

Who this affects

Nico Redding, who was ordered to pay a $29 initial partial appellate filing fee and the remaining fee through monthly installments.

What happened

In Redding v. Schnell, Nico Redding filed a notice of interlocutory appeal and submitted a prison trust account statement after the court required him to do so.

The court calculated his initial appellate filing fee as $29, based on his average monthly deposits, and ordered the remaining fee paid in monthly installments. It also deemed his later application to proceed without paying fees moot because that request had already been granted.

Judge Katherine Menendez issued the order on August 2, 2022.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Redding v. Schnell · No. 0:21-cv-01930
Judge
Katherine Menendez
Date
Aug. 2, 2022

Background

Nico Redding filed a notice of interlocutory appeal to the U.S. Court of Appeals for the Eighth Circuit on July 5, 2022. The court had required him to submit a certified prison trust account statement covering the six months before that filing, and he complied.

Court’s analysis

Under 28 U.S.C. § 1915(b)(1), a prisoner proceeding without prepaying the filing fee must pay an initial partial fee equal to 20 percent of the greater of the average monthly deposits or the average monthly balance in the account during the relevant six-month period. Redding’s statement showed average monthly deposits of $145.00 and an average monthly balance of $26.71. The court therefore calculated the initial partial appellate filing fee as $29.00. The remaining filing fee must be paid in monthly installments under § 1915(b)(2).

Order

The court ordered Redding to pay the $29.00 initial partial appellate filing fee. It also deemed moot his application to proceed without prepaying the filing fee, received on August 1, 2022, because his earlier application had already been granted. Judge Katherine Menendez signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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