Cortez Robinson v. Tami J. Schult

Summary

The United States District Court for the Eastern District of Wisconsin grants Cortez Robinson leave to appeal without prepaying the appellate filing fee. The court determines that Robinson is indigent, has not accrued three strikes, and is appealing in good faith, assesses an initial partial filing fee of $59.33, and declines to rule on his motion to appoint counsel because jurisdiction over the appeal rests with the Seventh Circuit.

Holdings

1. The plaintiff was entitled to proceed on appeal without prepaying the filing fee because he established indigency, had not accrued three strikes, and pursued a nonfrivolous appeal in good faith.
2. An appeal is taken in good faith when it seeks review of an issue that is not frivolous, meaning that the issue involves legal points arguable on their merits.
3. The district court declined to rule on the motion to appoint counsel because the case was on appeal; Robinson was required to file the motion and future appeal-related motions with the Seventh Circuit.

Questions Presented

1. Whether Robinson established entitlement to proceed on appeal without prepaying the appellate filing fee under 28 U.S.C. § 1915.
2. Whether the district court had jurisdiction to decide Robinson's motion to appoint counsel after he filed his notice of appeal.

Disposition

other