Wilson v. Ramsey County

Background

Edward Wilson filed two complaints against Ramsey County and related defendants alleging medical mistreatment while incarcerated. The court consolidated the actions and previously dismissed the complaints under 28 U.S.C. § 1915A because Wilson had not pleaded enough facts. The court gave Wilson an opportunity to file an amended complaint, but he instead filed notices of appeal and applications to proceed in forma pauperis, meaning to proceed without paying the appellate filing fee.

Legal standard and analysis

Under 28 U.S.C. § 1915, a litigant seeking to avoid the filing fee must show that he cannot afford to pay it. Even an indigent litigant cannot proceed without the fee if the appeal is not taken in good faith. The court applied an objective standard and stated that an appeal is frivolous when it lacks an arguable basis in law or fact.

The court concluded that Wilson’s bare-bones complaints did not state claims for relief under federal law and did not establish federal subject-matter jurisdiction over possible state-law claims. Because Wilson had not used the opportunity to amend and the complaints had no arguable legal basis, the court found that his appeals were frivolous.

Ruling

Judge John R. Tunheim denied Wilson’s applications to proceed in forma pauperis on appeal in both civil actions. The order did not decide the ultimate merits of the appeals; it denied the requests to proceed without paying the appellate filing fee.