Brown v. Randle, 3:11-cv-00392

Brown, a prisoner, seeks to appeal a district court’s 2011 dismissal of his 42 U.S.C. § 1983 action without prepayment of fees.
The Seventh Circuit dismissed Brown’s appeal for failure to pay the docketing fee and directed collection from his prison trust account under § 1915(a)-(b).
Brown argues he should be excused from paying the appellate docketing fee because his appeal was dismissed.
The district court notes the usual appellate docketing fee is $455, and § 1915 allows indigent prisoners to proceed IFP with an initial partial filing fee and monthly installments.
Under § 1915, Brown incurred the obligation to pay the appellate fee when the appeal was filed, despite later dismissal or denial of IFP relief.
The court denies Brown’s motion to excuse the fee and orders the agency to remit $455 from his trust account if funds are available until paid in full.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Brown may be excused from the appellate docketing fee.	Brown asserts the fee should not be collected since the appeal was dismissed.	Brown incurred the obligation to pay the fee at filing, and dismissal does not relieve the obligation.	Denied; Brown must pay the $455 fee.
Whether the fee collection from Brown’s trust fund complies with § 1915(a)-(b).	N/A	The agency must forward payments from the trust fund until the fee is paid, per § 1915(b).	Required; agency to remit from Brown’s trust fund if funds are available.

Evans v. Illinois Dep’t of Corr., 150 F.3d 810 (7th Cir. 1998) (fee obligation persists despite dismissal; method of collection)
Newlin v. Helman, 123 F.3d 429 (7th Cir. 1997) (docketing fee obligations and IFP procedures)
Lucien v. DeTella, 141 F.3d 773 (7th Cir. 1998) (interpretation of IFP and fee collection mechanics)
Lucien v. Jockisch, 133 F.3d 464 (7th Cir. 1998) (precedent on jail-prison fee obligations)
In re Tyler, 110 F.3d 528 (8th Cir. 1997) (fee assessment timing and collection context)