Aery v. Lewis
- Katherine Menendez
- 0:22-cv-00012
- U.S. District Court · District of Minnesota
- 3
In Aery v. Lewis, Judge Menendez granted Aery permission to proceed on appeal without prepaying fees but required payment of the $500 balance in installments.
James Paul Aery, who may pursue his appeal without paying the appellate filing fee in advance but must pay the $500 balance in installments; the authorities where he is confined must receive notice.
What happened
In Aery v. Lewis, James Paul Aery sought permission to appeal without paying the full appellate filing fee in advance. The court had previously granted summary judgment to Nick Lewis and Kyle Beckwith and dismissed the action with prejudice.
The court granted Aery’s application to proceed without prepaying the appellate fee. Because the record showed no change in his lack of assets and ability to pay, the court waived the initial partial appellate fee. Aery must still pay the unpaid $500 appellate filing fee through installments.
Judge Katherine Menendez ordered the Clerk of Court to notify the authorities where Aery is confined about the installment-payment requirement.
The detailed version
- Aery v. Lewis · No. 0:22-cv-00012
- Katherine Menendez
- Aug. 29, 2023
Background
James Paul Aery applied to proceed without prepaying court fees for his appeal. The court noted that, on August 11, 2023, it had accepted Magistrate Judge John F. Docherty’s report and recommendation, granted Nick Lewis and Kyle Beckwith’s motion for summary judgment, and dismissed the action with prejudice.
Under 28 U.S.C. § 1915, a person who cannot afford litigation costs may be allowed to proceed without paying fees in advance. For prisoners, however, this status generally permits payment of the filing fee in installments rather than eliminating the fee.
Ruling
The court found that Aery was entitled to proceed without prepaying fees on appeal and granted his application. Ordinarily, the court would require a certified six-month account statement from the institution where he was confined to calculate an initial partial appellate filing fee. But Aery previously had been excused from paying an initial partial fee because he had no assets or means to pay it, and the record gave no reason to conclude that his financial situation had changed.
The court therefore waived the requirement that Aery pay an initial partial appellate filing fee. It ordered that he still pay the unpaid balance of the $500 appellate filing fee through the method required by 28 U.S.C. § 1915(b)(2). The Clerk of Court was directed to notify the authorities where Aery is confined.
Effect of the Order
This order concerns only payment of the appellate filing fee. It does not alter the earlier grant of summary judgment or dismissal with prejudice. Judge Katherine Menendez signed the order on August 29, 2023.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.