DeNoyer v. State of South Dakota et al

Filing 10

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion to Reconsider (Filing No. 9 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DALE E. DENOYER,

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Plaintiff,
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v.
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STATE OF SOUTH DAKOTA,
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STATE OF NEBRASKA, STATE OF )
MISSOURI, and MINNEHAHA
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COUNTY - SD,
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Defendants.
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4:13CV3200

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion to Reconsider the court’s
Memorandum and Order dated December 17, 2013. (Filing No. 9.) Plaintiff argues
that he should not be required to pay an initial partial filing fee in this matter because
he is a pretrial detainee and the Prison Litigation Reform Act does not apply to pretrial
detainees. (Id.) Plaintiff is mistaken. The Prison Litigation Reform Act defines a
“prisoner” to include someone accused of a crime, and thus, includes pretrial detainees.
See 42 U.S.C. § 1997e(h). Accordingly,
IT IS THEREFORE ORDERED that: Plaintiff’s Motion to Reconsider (Filing
No. 9) is denied.
DATED this 6th day of January, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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