Mark Anthony Christians v. Michael Joe Hanvey et al.

Summary

The United States District Court for the District of South Dakota grants Mark Anthony Christians leave to proceed in forma pauperis on appeal from orders concerning screening and reconsideration of his § 1983 action. The court denies his motion to compel the South Dakota Department of Corrections to provide financial information, determines that the appeal appears to be taken in good faith, and assesses an initial partial appellate filing fee of $73.00. The order directs installment payments toward the $605 appellate filing fee under the Prison Litigation Reform Act.

Holdings

1. The court denied Christians's motion to compel because he provided no specific, detailed evidence that he had unsuccessfully attempted to obtain a certified prisoner trust-account report and supporting financial statements without court intervention.
2. The court granted Christians leave to proceed in forma pauperis on appeal because the available certified trust-account information showed that he lacked sufficient funds to pay the appellate filing fee in full at the outset, while his appeal appeared to be taken in good faith.
3. Christians was required to pay an initial partial appellate filing fee of $73.00, followed by monthly payments equal to 20 percent of the funds credited to his trust account during the preceding month until the $605 appellate filing fee was paid in full.

Questions Presented

1. Whether Christians was entitled to an order compelling the South Dakota Department of Corrections to provide financial information for his prisoner trust-account report.
2. Whether Christians qualified to proceed in forma pauperis on appeal and, if so, what initial partial appellate filing fee was required under the Prison Litigation Reform Act.
3. Whether the appeal appeared to be taken in good faith despite the possibility that the notice of appeal was premature because no final judgment had been entered.

Disposition

other