Summary
This order denies a pro se prisoner's motion to waive the remaining balance of an appellate filing fee. The court explains that the obligation to pay the fee is incurred upon filing the notice of appeal and cannot be waived retroactively after the appeal was dismissed for non-payment. Citing Seventh Circuit precedent, the judge concludes the court lacks discretion to forgive the outstanding balance.
Topics
Practice areas
Questions Presented
- Whether the district court had discretion to waive the remaining balance of an appellate filing fee after the notice of appeal was filed and the appeal was dismissed for nonpayment.
Holdings
- The district court cannot waive the remaining appellate filing fee because the obligation to pay the fee was incurred when Wright filed his notice of appeal.
Key quotations
“This Court does not have discretion to take the action Mr. Wright requests.”
“the obligation to pay the filing fee "is incurred by filing a notice of appeal; it cannot be avoided by dismissing the appeal, or by failing to pay when the fees are due."”
Factual background
Wright, a prisoner, filed a civil action alleging constitutional violations related to being housed with his former co-defendant. His complaint was dismissed for failure to pay the filing fee, and his subsequent appeal was dismissed after he failed to pay the full appellate filing fee. The Seventh Circuit ordered the district court to collect the $505 fee, of which $150 remained unpaid when Wright moved to waive the balance.
Procedural history
Wright filed a civil action alleging constitutional violations arising from his housing with a former co-defendant. The action was dismissed for failure to pay the filing fee. Wright appealed and sought leave to proceed in forma pauperis, but the district court denied that request under 28 U.S.C. § 1915(g). The Seventh Circuit dismissed the appeal for nonpayment of the full filing fee and directed the district court to collect the $505 fee. After a collection order was issued, Wright moved three years later to waive the remaining $150 balance.