Opinion
A22-0325
09-09-2022
Troy K. Scheffler, Appellant, v. Home Depot U.S.A., Inc., Respondent.
Ramsey County District Court File No. 62-CV-22-575
Considered and decided by Johnson, Presiding Judge; Larson, Judge; and John Smith, Judge.
ORDER OPINION
MATTHEW E. JOHNSON, JUDGE
BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE:
1. The sole issue in this appeal is whether the district court erred in a February 2, 2022 order in which it denied appellant's application to proceed in forma pauperis and to commence this action in the district court without prepayment of fees. See Minn. Stat. § 563.01, subd. 3 (2020).
2. Appellant's in forma pauperis application in this case is identical to his in forma pauperis application in appeal A22-0409. In A22-0409, this court recently concluded that the district court erred by denying the in forma pauperis application and, accordingly, reversed and remanded the case to the district court with instructions to grant the in forma pauperis application. Scheffler v. Costco Wholesale Corp., No. A22-0409, 2022 WL 4077802, at *2 (Minn.App. Sept. 6, 2022).
3. For the reasons stated in our opinion in A22-0409, we conclude that the district court erred in this case by denying the in forma pauperis application. Thus, we reverse the district court's February 2, 2022 order denying appellant's in forma pauperis application and remand the case to the district court with instructions to grant the application and to allow appellant to commence this action without prepayment of fees.
IT IS HEREBY ORDERED:
1. The district court's order is reversed and remanded.
2. Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1(c), this order opinion is nonprecedential, except as law of the case, res judicata, or collateral estoppel.
Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.