Mark Molasky v. Tom Brown, George "Buzz" Westfall, George Brooks, and Richard Callahan

Eighth Circuit

Mark Molasky v. Tom Brown, George "Buzz" Westfall, George Brooks, and Richard Callahan

786 F.2d 1342, 1986 U.S. App. LEXIS 23513

Court of Appeals for the Eighth Circuit·Decided March 31, 1986·No. 85-2427·Published

Opinions

PER CURIAM.

Mark Molasky appeals from an order of the district court for the Western District of Missouri dismissing his civil rights action for failure to pay the first $20.00 installment of a $60.00 partial filing fee imposed as a condition for granting Molasky leave to proceed in forma pauperis. The propriety of the partial filing fee requirement presently used in the district courts for the Western District of Missouri has been analyzed and disapproved, in part, in an opinion we announced today, In Re: Jewell Williamson, 786 F.2d 1336 (8th Cir.1986). As the issue in this case is identical, we reverse and remand for a hearing and imposition of a fee, if justified, consistent with the standards set forth in Williamson.

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PER CURIAM.

Mark Molasky appeals from an order of the district court for the Western District of Missouri dismissing his civil rights action for failure to pay the first $20.00 installment of a $60.00 partial filing fee imposed as a condition for granting Molasky leave to proceed in forma pauperis. The propriety of the partial filing fee requirement presently used in the district courts for the Western District of Missouri has been analyzed and disapproved, in part, in an opinion we announced today, In Re: Jewell Williamson, 786 F.2d 1336 (8th Cir.1986). As the issue in this case is identical, we reverse and remand for a hearing and imposition of a fee, if justified, consistent with the standards set forth in Williamson.

Mark Molasky v. Tom Brown, George "Buzz" Westfall, George Brooks, and Richard Callahan, 786 F.2d 1342, 1986 U.S. App. LEXIS 23513 (8th Cir. 1986).

Pincite

786 F.2d 1342 (Mark Molasky v. Tom Brown, George "Buzz" Westfall, George Brooks, and Richard Callahan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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