U.S. District Court, District of Minnesota, 2023

Perkins v. Daniels

Perkins v. Daniels
U.S. District Court, District of Minnesota · Decided January 11, 2023

Perkins v. Daniels

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Victor B. Perkins, Case No. 22-cv-1624 (KMM/TNL) Plaintiff, v. ORDER Jack Daniels, and Dionne Hart, Defendants.

This matter is before the Court on Plaintiff Victor Perkins’ application to proceed in forma pauperis (“IFP”) on appeal and his motion to proceed without prepayment. [Doc. 10, 11, 13]. Based on the Court’s review of the entire record, Mr. Perkins’ appellate IFP application is GRANTED, and he is HEREBY ORDERED pay an initial partial appellate filing fee of $35 pursuant to Henderson v. Norris, 129 F.3d 481, 485 (8th Cir. 1997).1 The balance of the appellate filing fee shall be deducted pursuant to 28 U.S.C. § 1915(b)(2).

Date: January 11, 2023 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

1 On December 21, 2022, the Court instructed Mr. Perkins to submit a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his notice of appeal so that the Court could calculate his initial partial appellate filing fee pursuant to 28 U.S.C § 1915(b)(1). [Doc. 12]. Mr. Perkins filed a renewed IFP application on January 3, 2023, along with a copy of his inmate trust account statement. [Doc. 13, 13-1].

However, the copy submitted by Mr. Perkins is not a certified copy, and accordingly, the Court has calculated the initial partial appellate filing fee in accordance with the Henderson court’s instructions. 129 F.3d at 485 (“If the district court does not receive a certified copy of the prisoner’s account within 30 days of the notice of appeal, it shall calculate the initial appellate filing fee at $35 or such other reasonable amount warranted by available information.”).

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Victor B. Perkins, Case No. 22-cv-1624 (KMM/TNL) Plaintiff, v. ORDER Jack Daniels, and Dionne Hart, Defendants.

This matter is before the Court on Plaintiff Victor Perkins’ application to proceed in forma pauperis (“IFP”) on appeal and his motion to proceed without prepayment. [Doc. 10, 11, 13]. Based on the Court’s review of the entire record, Mr. Perkins’ appellate IFP application is GRANTED, and he is HEREBY ORDERED pay an initial partial appellate filing fee of $35 pursuant to Henderson v. Norris, 129 F.3d 481, 485 (8th Cir. 1997).1 The balance of the appellate filing fee shall be deducted pursuant to 28 U.S.C. § 1915(b)(2).

Date: January 11, 2023 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

1 On December 21, 2022, the Court instructed Mr. Perkins to submit a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his notice of appeal so that the Court could calculate his initial partial appellate filing fee pursuant to 28 U.S.C § 1915(b)(1). [Doc. 12]. Mr. Perkins filed a renewed IFP application on January 3, 2023, along with a copy of his inmate trust account statement. [Doc. 13, 13-1].

However, the copy submitted by Mr. Perkins is not a certified copy, and accordingly, the Court has calculated the initial partial appellate filing fee in accordance with the Henderson court’s instructions. 129 F.3d at 485 (“If the district court does not receive a certified copy of the prisoner’s account within 30 days of the notice of appeal, it shall calculate the initial appellate filing fee at $35 or such other reasonable amount warranted by available information.”).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.