Gomez v. Mattson et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
DANIEL JOSE GOMEZ, 4:2I-CV-04I77-RAL
Petitioner,
vs.
MICHAEL MATTSON; JERRY MILLER,
UNION COUNTY STATES ATTORNEYS
OFFICE; ATTORNEY GENERAL FOR THE
STATE OF SOUTH DAKOTA,
ORDER GRANTING PLAINTIFF'S
MOTION TO APPEAL WITHOUT
PREPAYMENT OF FEES
Respondents.
Petitioner, Daniel Jose Gomez,filed a pro se petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2254. Doc. I. Judgment was entered against Gomez, and he filed a notice of
appeal. Docs. 8, 10. Gomez now moves to appeal without prepayment offees and has filed his
prisoner trust accovmt report. Docs. 11, 18.
The Eighth Circuit historically has looked to district courts to rule on in forma pauperis
motions for appeal and has held that the filing-fee provisions ofthe PLRA do not apply to habeas
corpus actions. Malave v. Hedrick. 271 F.3d 1139, 1140(8th Cir. 2001). To determine whether a
habeas petitioner qualifies for in forma pauperis status, the court need only assess(I) whether the
petitioner can afford to pay the full filing fee, and (2) whether the petitioner's appeal is taken in
"good faith." 28 U.S.C. § 1915(a)(1),(3).
Gomez's prisoner trust account report indicates that he has average monthly deposits of
$123.33 and an average monthly balance of $20.85. Doc. 18 at I. Based on this information, the
Case 4:21-cv-04177-RAL Document 19 Filed 01/04/22 Page 1 of 2 PageID #: <pageID>

Court finds that Gomez has insufficient fimds to pay the $505.00 appellate filing fee, and his
motion to appeal without prepayment of fees, Doc. 11, is granted.
Accordingly, it is
ORDERED that Gomez's motion to appeal without prepayment offees. Doc. 11, is
granted.
DATED January ,2022.
BY THE COURT:
ROBERTO A. LANGE
CHIEF JUDGE
Case 4:21-cv-04177-RAL Document 19 Filed 01/04/22 Page 2 of 2 PageID #: <pageID>