Hightower v. State of Missouri et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DAVID HIGHTOWER, )
)
Plaintiff, )
)
v. ) No. 4:25-cv-00138-JMB
)
STATE OF MISSOURI, et al., )
)
Defendants. )
MEMORANDUM AND ORDER
This matter is before the Court on remand from the United States Court of Appeals for the
Eighth Circuit for calculation and collection of the appellate filing fee pursuant to Henderson v.
Norris, 129 F.3d 481 (8th Cir. 1997). See Doc. 11. The Court previously ordered Plaintiff to file
an updated copy of his prison account statement for the past six months, but Plaintiff has not done
so. Under Henderson, if the Court does not receive a copy of Plaintiff’s prison account statement,
“it shall calculate the initial appellate partial filing fee at $35 or such other reasonable amount
warranted by available information.” Henderson, 129 F.3d at 485. The Court calculated Plaintiff’s
initial partial filing fee in the district court at $8.20 based on the prison account statement he filed
on February 3, 2025. Doc. [5]. The Court finds $8.20 to be a reasonable amount for the initial
partial appellate filing fee.
IT IS HEREBY ORDERED that Plaintiff must pay an initial appellate filing fee of $8.20
within 30 days of the date of this Order. Plaintiff is instructed to make his remittance payable to
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“Clerk, United States District Court,” and include on it: (1) his name; (2) his prison registration
number; (3) the case number; and (4) that the remittance is for an appellate proceeding.
Dated this 5th day of December, 2025.
/s/ John M. Bodenhausen
JOHN M. BODENHAUSEN
UNITED STATES MAGISTRATE JUDGE
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