Knode v. Erickson et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
ANDREW DWIGHT KNODE,
Plaintiff,
vs.
OFFICER JOSEPH ERICKSON, in his
individual and official capacity,
Defendant.
4:19-CV-04181-KES
ORDER NOTIFYING PLAINTIFF THAT
HE MUST PAY THE APPELLATE
FILING FEE
Plaintiff, Andrew Dwight Knode, filed a prisoner pro se civil rights lawsuit
under 42 U.S.C. § 1983. Docket 1. Knode notified the court that he was
released from the Yankton County jail. Docket 52. Knode filed a notice of
interlocutory appeal. Docket 53. At this time, Knode has not moved for leave to
proceed in forma pauperis on appeal.
Because Knode is no longer in custody, he is not considered a prisoner
under the Prison Litigation Reform Act (PLRA). See Nerness v. Johnson, 401
F.3d 874, 876 (8th Cir. 2005). “[I]n forma pauperis status does not require a
litigant to demonstrate absolute destitution.” Lee v. McDonald’s Corp., 231
F.3d 456, 459 (8th Cir. 2000). But in forma pauperis status is a privilege, not
a right. Williams v. McKenzie, 834 F.2d 152, 154 (8th Cir. 1987). Federal Rule
24 of Appellate Procedure requires an appellant seeking to proceed in forma
pauperis on appeal to so move in the district court and file an affidavit that:
“(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the
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party’s inability to pay or to give security for fees and costs; (B) claims an
entitlement to redress; and (C) states the issues that the party intends to
present on appeal.” Fed. R. App. P. 24(a)(1).
At this time, Knode has not paid the appellate filing fee of $505. He has
not moved for leave to proceed in forma pauperis and has not filed a financial
affidavit. Because Knode no longer falls under the PLRA, he must pay the
appellate filing fee in order to appeal.
Thus, it is ORDERED:
1. 	That Knode must pay the appellate filing fee of $505 to appeal by
May 15, 2021.
Dated April 27, 2021.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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