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786 F.2d 1341

Docket No. 85-2168.

Foster v. Hanna

Eighth Circuit Court of Appeals

Submitted Nov. 15, 1985.

Decided March 31, 1986.

Eighth Circuit Court of Appeals · decided 1986-03-31

Cited by 1 later decisions — most recently March 1986

1 federal appellate ·

2 counsel of record

Relies on In re Williamson

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1986-03-31

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¶1William W. Foster, pro se.

¶2David F. Oliver, Kansas City, Mo., for appellees.

¶3Before HEANEY, ARNOLD and JOHN R. GIBSON, Circuit Judges.

¶4PER CURIAM.

¶5William Wentworth Foster appeals from an order of the district court for the Western District of Missouri dismissing his pro se civil rights action for failure to pay the first installment of a $56.48 partial filing fee imposed as a condition for ■ granting Foster 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, *1342in 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.

¶6JOHN R. GIBSON, Circuit Judge,

¶7concurring and dissenting.

¶8For the reasons stated in my concurring and dissenting opinion in Williamson, I would not apply the “First” standard to this case, which in effect would excuse Foster from paying the partial fee simply because the district court had not adopted a local rule or an en banc order adopting this practice. As in Williamson, I would remand only for application of the remaining standards.

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