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Brown v. Kroll, 8:17CV294. (2018)

Court: District Court, D. Nebraska Number: infdco20180620d10
Filed: Jun. 19, 2018
Latest Update: Jun. 19, 2018
Summary: ORDER RICHARD G. KOPF , Senior District Judge . This matter is before the court on remand from the Eighth Circuit Court of Appeals for the limited purpose of determining Plaintiff's in forma pauperis ("IFP") status and assessing the appellate filing fees pursuant to 28 U.S.C. 1915 as amended by the Prison Litigation Reform Act ("PLRA"). Plaintiff has been committed to a state mental institution. She is not a prisoner. The court previously determined that because Plaintiff proceeded IFP i
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ORDER

This matter is before the court on remand from the Eighth Circuit Court of Appeals for the limited purpose of determining Plaintiff's in forma pauperis ("IFP") status and assessing the appellate filing fees pursuant to 28 U.S.C. § 1915 as amended by the Prison Litigation Reform Act ("PLRA").

Plaintiff has been committed to a state mental institution. She is not a prisoner. The court previously determined that because Plaintiff proceeded IFP in the district court, she may proceed on appeal in forma pauperis without further authorization pursuant to Fed. R. App. P. 24(a)(3). (Filing No. 39.) The court did not calculate and collect the appellate filing fees in accordance with the PLRA because Plaintiff is not a "prisoner" within the meaning of the PLRA. See Reed v. Clarke, No. 4:04CV3168, 2005 WL 1075092, at *1 n.1 (D. Neb. May 5, 2005) ("The plaintiff is presently in the Lincoln Regional Center pursuant to a mental health commitment. The Prison Litigation Reform Act (`PLRA') does not apply to persons in custody pursuant to the Mental Health Commitment Act, as the definition of `prisoner' in the PLRA does not include a person involuntarily committed for reasons of mental health.") (citing Kolocotronis v. Morgan, 247 F.3d 726, 728 (8th Cir.2001)). Accordingly,

IT IS ORDERED that:

1. Plaintiff may proceed on appeal in forma pauperis and without payment of the appellate filing fees.

2. The Clerk of Court shall provide the Eighth Circuit Court of Appeals with a copy of this order.

Source:  Leagle

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