Opinion
Case No. 19-CV-845-DWD
10-06-2020
FREDERICK H. WILLIAMS, #B80874 Plaintiff, v. S. WAGGON, et al., Defendants.
MEMORANDUM AND ORDER DUGAN, District Judge.
Plaintiff Frederick Williams filed a Motion for Leave to Appeal in forma pauperis ("IFP") on August 27, 2020. (Doc. 28). However, Plaintiff's appeal was dismissed by the United States Court of Appeals for the Seventh Circuit on August 14, 2020 which occurred prior to the Plaintiff filing his IFP Motion. (Doc. 25). Although Plaintiff had been granted IFP status by the District Court for the Central District of Illinois prior to transfer to this Court, Plaintiff's appeal was dismissed for failure to pay the docket fee or move for IFP status. (Doc. 25-1).
At this point, there is no appeal for which the Court to grant or deny IFP status. The federal statute authorizing in forma pauperis proceedings is prospective in nature, authorizing "the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor" for qualifying individuals. See Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996) ("All § 1915 has ever done is excuse pre-payment of the docket fees[.]") (emphasis original); Bryan v. Liberty Mut. Ins. Co., 418 F.2d 486, 489 (5th Cir. 1969). The appeal was dismissed, and so prepayment is no longer an issue. As such, the Motion is DENIED as moot.
IT IS SO ORDERED.
DATED: October 6, 2020
/s/ _________
DAVID W. DUGAN
United States District Judge