Russell Berger v. Wendy Kelley

Summary

The court held that an order finding a prisoner ineligible to proceed in forma pauperis and requiring payment of an initial partial filing fee was appealable because it effectively ended the prisoner's ability to proceed with the civil-rights action. The court nevertheless remanded because the order did not explain the factual basis for finding Berger indigent status lacking. The remand was limited to requiring supplemental factual findings and did not authorize reconsideration of the original determination.