Thompson v. Schnell

Background

James Charles Thompson, III, proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983 against Paul Schnell, identified as the Commissioner of Corrections in Minnesota, and other prison-system employees. Thompson alleged that the defendants denied him mental-health treatment, denied him appropriate medical care, and otherwise mistreated him.

Thompson asked to proceed without prepaying filing fees or costs. Magistrate Judge Dulce J. Foster denied that request based on the amount in Thompson’s prison account and required him to pay the $350 filing fee within 30 days. Thompson responded with a written document but did not pay the fee. The court then dismissed the complaint without prejudice for failure to prosecute.

Appeal-fee application

Thompson appealed the dismissal to the United States Court of Appeals for the Eighth Circuit and asked the district court for permission to proceed on appeal without prepaying fees or costs. Under 28 U.S.C. § 1915 and Federal Rule of Appellate Procedure 24(a), an applicant must show an inability to pay, claim an entitlement to relief, and state the issues the applicant intends to present on appeal. Permission must also be denied if the appeal is not taken in good faith.

The court found that Thompson did not state the issues he intended to raise on appeal. Instead, his notice of appeal repeated and added to the accusations in his original complaint. The court stated that this was not the basis for a proper appeal and that, without an explanation of the appellate issues, it could not determine whether the appeal was taken in good faith.

Ruling

The court DENIED Thompson’s Motion and Affidavit for Permission to Appeal In Forma Pauperis at Docket No. 9. The opinion also noted that the earlier dismissal was without prejudice, meaning Thompson could file a new complaint if he paid the required filing fee.