DeNoyer v. State of South Dakota et al
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,
STATE OF SOUTH DAKOTA,
STATE OF NEBRASKA, STATE OF )
MISSOURI, and MINNEHAHA
COUNTY - SD,
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
*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide
on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court
accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to
work or directs the user to some other site does not affect the opinion of the court.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?