Hollie v. Essentia Health Moose Lake Clinic
- Katherine Menendez
- 0:22-cv-00314
- U.S. District Court · District of Minnesota
- 2
In Hollie v. Essentia Health, Judge Menendez granted Hollie permission to appeal without prepaying fees, finding the appeal financially eligible and not frivolous.
Shannon Hollie may pursue his appeal without prepaying the appellate filing fee; the order does not change the judgment dismissing his claims.
What happened
In Hollie v. Essentia Health Moose Lake Clinic, Shannon Hollie asked to appeal without paying filing fees in advance. The court noted that he is detained at the Minnesota Sex Offender Program facility but is not a prisoner subject to certain payment requirements under the Prison Litigation Reform Act.
The court found that Hollie was financially eligible and that his appeal had an arguable basis in fact or law. Although the court continued to consider his claims properly resolved at summary judgment, it found the appeal was not frivolous.
Judge Katherine Menendez granted Hollie’s motion for permission to proceed without prepaying fees on appeal. The order addressed the fee-waiver request, not the underlying claims or the earlier judgment.
The detailed version
- Hollie v. Essentia Health Moose Lake Clinic · No. 0:22-cv-00314
- Katherine Menendez
- Feb. 6, 2024
Background
The court had previously adopted a magistrate judge’s report and recommendation and dismissed Shannon Hollie’s claims. Judgment was entered on December 27, 2023. Hollie filed a notice of appeal and then moved for permission to proceed without paying the appellate filing fee in advance.
Reasoning
The court explained that Hollie is detained at the Minnesota Sex Offender Program facility in Moose Lake, Minnesota, but is not a “prisoner” subject to the Prison Litigation Reform Act provisions requiring inmate account statements, an initial partial appellate filing fee, and payment of the full fee in installments. The court also found that Hollie’s motion and supporting documents showed that he was financially eligible.
For an appeal to proceed without prepayment of fees, the appeal must not be frivolous. The court stated that an appeal is taken in good faith when the claims raised have an arguable basis in fact or law. Hollie challenged the court’s grant of summary judgment to the defendants and argued that the court misapplied the Americans with Disabilities Act and improperly dismissed his federal-law claims. The court remained satisfied that the claims had been properly resolved at summary judgment, but found that the appeal was not frivolous.
Disposition
The court granted Hollie’s Motion for Leave to Proceed In Forma Pauperis on Appeal. In plain terms, Hollie was permitted to pursue the appeal without prepaying the appellate filing fee. This order did not alter the earlier judgment or decide whether Hollie would succeed on appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.