Wilson v. Ramsey County ADC
- Katherine Menendez
- 0:23-cv-01995
- U.S. District Court · District of Minnesota
- 3
In Wilson v. Ramsey County ADC, Judge Menendez granted Wilson’s request to appeal without paying the full fee upfront but ordered a $35 initial payment.
Edward Wilson, who was permitted to proceed with his appeal without paying the full appellate filing fee upfront but was ordered to pay a $35 initial partial fee; the opinion does not describe any separate effect on the defendants.
What happened
In Wilson v. Ramsey County ADC, the court had previously dismissed Wilson’s case with prejudice. Wilson appealed that decision and asked to proceed with the appeal without paying the full filing fee upfront.
The court found that Wilson’s appeal was not frivolous, meaning it had a possible basis in law or fact. Because Wilson is a prisoner, the appeal fee must be paid in installments, including an initial partial payment.
Judge Menendez granted Wilson’s application to proceed without paying the full appellate fee upfront and ordered him to pay a $35 initial partial appellate filing fee.
The detailed version
- Wilson v. Ramsey County ADC · No. 0:23-cv-01995
- Katherine Menendez
- Feb. 21, 2024
Background
Edward Wilson sued Ramsey County ADC and Peach Company. The court had adopted a magistrate judge’s recommendation and dismissed the case with prejudice on December 6, 2023. Wilson then filed a notice of appeal and applied to proceed on appeal without paying the full filing fee upfront.
Legal standard
Under 28 U.S.C. § 1915, a person who cannot afford the full filing fee may request permission to proceed without paying it upfront. That permission may be denied if the appeal is not taken in good faith. The court explained that an appeal is not taken in good faith when it is frivolous—that is, when it lacks an arguable basis in law or fact.
The court stated that it did not believe its earlier dismissal was erroneous, but found that Wilson’s appeal was not frivolous. Because Wilson is a prisoner, the Prison Litigation Reform Act requires payment of the appellate filing fee in installments, including an initial partial appellate filing fee.
Ruling
Judge Katherine Menendez granted Wilson’s application to proceed without paying the full appellate filing fee upfront. The court also ordered Wilson to pay an initial partial appellate filing fee of $35. The court based that amount on the absence of a certified trust-account statement within 30 days of the notice of appeal and on the available information in the record.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.