Amos v. Segal
- Katherine Menendez
- 0:23-cv-01282
- U.S. District Court · District of Minnesota
- 1
In Amos v. Segal, Judge Menendez granted Tristan Amos’s application to proceed without paying the appellate filing fee.
Tristan Amos’s appeal is affected: he was permitted to proceed without paying the appellate filing fee.
What happened
Amos v. Segal concerns Tristan Amos’s request to appeal without paying the appellate filing fee.
The court had previously denied Amos’s habeas petition and dismissed the action without prejudice. Amos then filed a notice of appeal and submitted financial documents showing that he could not pay the appellate fee.
The court found Amos financially eligible and granted his application to proceed without paying the fee on appeal, as ordered by Judge Menendez.
The detailed version
- Amos v. Segal · No. 0:23-cv-01282
- Katherine Menendez
- Dec. 5, 2023
Background
On September 27, 2023, the court denied Tristan Amos’s habeas petition and dismissed the action without prejudice. Judgment was entered on September 28, and Amos filed a notice of appeal on November 21.
Application
Amos asked to proceed in forma pauperis, meaning without paying the appellate filing fee. The court explained that the Prison Litigation Reform Act’s filing-fee provisions do not apply to habeas actions under 28 U.S.C. § 2241. Under the federal appellate rules, Amos submitted the required documents showing that he could not pay the fee.
Ruling
The court found that Amos was financially eligible to proceed without paying the appellate filing fee. Judge Menendez therefore granted Amos’s application to proceed in forma pauperis on appeal. This order addressed the fee application; it did not reconsider the earlier denial of Amos’s petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.