Opinion
Case No.11-C-169,10-C-847
10-17-2011
MICHAEL RAMOS, Plaintiff, v. ROGER WALKER, et al., Defendants.
ORDER
Plaintiff Ramos filed a motion to reduce the appellate filing fee in Case No. 11-C-169. He states that he appealed my initial determination that the case should be merged into Case No. 10-C-847. Then, when he filed an amended notice of appeal, he was assessed a second appellate filing fee due (apparently) to the confusion about the multiple case numbers his appeal had been assigned. Fed. R. App. P. 4(a)(4)(B)(iii) provides that "no additional fee is required to file an amended notice." Accordingly, although two notices of appeal were docketed, it was an error to assess two appellate filing fees here because the second notice was captioned "amended notice". The motion is GRANTED. The total appellate filing fee now due is $455, not the $910 originally assessed.
William C. Griesbach
United States District Judge