Thompson v. Clay County Sheriffs et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Joshua Thompson,
Plaintiff,
v.
Clay County Sheriffs, et al.,
Defendants.
No. 25-cv-2398 (KMM/JFD)
ORDER
This matter is before the Court on Plaintiff Joshua Thompson’s application to
proceed 	in 	forma 	pauperis 	(“IFP”) 	on 	appeal. 	(Dkt. 	41.) 	On 	February 	2, 	2026,
Mr. Thompson filed a Notice of Appeal to the U.S. Court of Appeals for the Eighth Circuit
from this Court’s December 23, 2025 Order dismissing his Complaint without prejudice
and denying his IFP applications and motions to appoint counsel as moot. (Dkt. 37 (Notice
of Appeal); Dkt. 34 (Order dismissing Complaint).) Thompson seeks to appeal that
dismissal and to do so without prepaying the $605 appellate filing fee.
Under 28 U.S.C. § 1915, this Court may authorize a party to proceed without
prepayment of fees, costs, or security, on the affidavit of the party testifying that he is
unable to pay such costs, describing the nature of the appeal and his belief that he is entitled
to redress. According to this statute, which is part of the Prison Litigation Reform Act of
1995 (“PLRA”), prisoners who are granted IFP status are not excused from paying the
court filing fee altogether, as is the case for non-prisoner IFP litigants. Instead, a prisoner
who is granted IFP status is merely granted permission to pay the filing fee in installments,
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rather than paying the entire amount in advance. See Ashley v. Dilworth, 147 F.3d 715, 716
(8th Cir. 1998) (“The purpose of the [PLRA] was to require all prisoner-litigants to pay
filing fees in full, with the only issue being whether the inmate pays the entire filing fee at
the initiation of the proceeding or in installments over a period of time.”).
Based on a review of Mr. Thompson’s filings, he is entitled to IFP status on appeal.
While Mr. Thompson’s notice of appeal does not cause the Court to question that its
dismissal order was the correct decision in this case, the Court finds that his appeal is taken
in good faith. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3)(A). However, to pursue the
appeal, he must first pay an initial partial appellate filing fee of $6.99. Henderson v. Norris,
129 F.3d 481, 484 (8th Cir. 1997). This fee represents 20% of the average monthly deposits
in Mr. Thompson’s trust account over the six-month period preceding the filing of his
notice of appeal. See 28 U.S.C. § 1915(b)(1)(A); (Dkt. 41 at 6). The remainder of the filing
fee shall be paid in monthly installments as set forth in § 1915(b)(2).
Accordingly, IT IS HEREBY ORDERED that:
1. 	Plaintiff Joshua Thompson’s application to proceed in forma pauperis on appeal
(Dkt. 41) is GRANTED; and
2. 	Plaintiff is required to pay an initial partial appellate filing fee of $6.99.
Date: March 6, 2026 	s/Katherine Menendez
Katherine Menendez
United States District Judge
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