govinfo:USCOURTS-mnd-0_23-cv-00127-10

UNITED STATES DISTRICT COURT 
DISTRICT OF MINNESOTA  
 
WAYLEN BLOCK, 
 
   Plaintiff, 
 
v. 
 
UNITED STATES OF AMERICA, 
 
   Defendant. 
 
 
Civil No. 23-127 (JRT/JFD) 
 
 
 
ORDER 
 
 
Waylen Block, Reg. No. 17028-273, FMC Devens, P.O. Box 879, Ayer, MA 
01432, pro se Plaintiff. 
 
David W. Fuller , UNITED STATES ATTORNEY’S OFFICE , 300 South Fourth 
Street, Suite 600, Minneapolis, MN 55415, for Defendant. 
 
 This matter was previously remanded to the Court for appropriate calculation and 
collection of Plaintiff Waylen Block’s appellate filing fees.  (Order of U.S. Court of Appeals 
for the Eighth Circuit, Dec. 2, 2025, Docket No. 137.)  The Court directed Block to submit 
financial documentation from which the initial partial filing fee could be calculated  or, 
consistent with Henderson v. Norris , 129 F.3d 481, 484– 85 (8
th Cir. 1997), he would be 
assessed an initial partial filing fee of $35.00.  (Order at 2, Dec. 29, 2025, Docket No. 139.)  
The deadline for Block to submit financial documentation passed  without Block 
submitting the necessary documentation.  Accordingly, pursuant to Henderson, the Court 
imposed the initial partial filing fee and ordered that the remainder of the statutory 
CASE 0:23-cv-00127-JRT-JFD     Doc. 147     Filed 06/11/26     Page 1 of 2
2 
$605.00 appellate filing fee be paid by Block in installments over time, consistent with 28 
U.S.C. § 1915(b)(2).1 (Order, Feb. 5, 2026, Docket No. 140.) 
 Block now moves the Court to stay payment of his fees while he proceeds through 
a grievance process to have the BOP pay his filing fee or , in the alternative, to set his 
monthly payment amount to $20 per  month.  (Mot. Set Scheduling Order or Waiver of 
Filing Fee, June 2, 2026, Docket No. 145.) 
 The Court will deny Block’s motion.  “Congress require[s] prisoners to pay filing 
fees for the suits or appeals they launch.”  Bruce v. Samuels , 577 U.S. 82, 85 (2016).  And 
the language of the statute is clear : Block is “required to make monthly payments of 20 
percent of the preceding month ’s income credited to [his]  account.”  28 U.S.C. 
§ 1915(b)(2). 
ORDER 
Based on the foregoing, and all the files, records, and proceedings herein, IT IS 
HEREBY ORDERED that Plaintiff Waylen Block’s Motion to Set Scheduling Order or Waiver 
of Filing Fee (Docket No. [145]) is DENIED .  The remainder of Block’s statutory $605.00 
appellate filing fee must  continue be paid by Block in installments, consistent with 28 
U.S.C. § 1915(b). 
DATED:  June 11, 2026    _____/s/ John R. Tunheim ____ 
at Minneapolis, Minnesota. JOHN R. TUNHEIM 
   United States District Judge 
 
1 “After payment of the initial partial filing fee, the prisoner shall be required to make monthly 
payments of 20 percent of the preceding month’s income credited to the prisoner’s account.”  
28 U.S.C. § 1915(b)(2). 
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