End of Horn v. Myron et al

Filing 4

ORDER Directing Monthly Payments be made from Prison Account of Lynes End of Horn, ORDER Dismissing Case. Signed by Charles B. Kornmann on 8/31/11. (SKK)

FILED
SEP 0 G2011

UNITED STATES DISTRICT COURT

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DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION

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LYNES END OF HORN,
Plaintiff,
-vsSCOTT MYREN, Circuit Court Judge, and
CHRISTOPHER R. JANSEN, Walworth
County States Attorney,
Defendants.

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CIV 11- (o.;t9

ORDER

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Plaintiff, a prisoner at the Mike Durfee State Prison in Springfield, South Dakota, filed a
civil rights complaint pursuant to 42 U.S.c. § 1983 and an application to proceed in forma

pauperis. The Court finds that plaintiff is required by the Prison Litigation Reform Act, 28
U.S.C. § 1915(b)(1), to make an initial partial filing fee of$18.00.
Plaintiff contends that his Walworth County, South Dakota, conviction for driving under
the influence is invalid because he was lured off the Standing Rock Indian Reservation by a
South Dakota Game, Fish, and Parks official prior to his arrest. Plaintiff s complaint must be
dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) because this action is frivolous. Pursuant to
the Rooker-Feldman doctrine, "with the exception of habeas corpus petitions, lower federal
courts lack subject matter jurisdiction over challenges to state court judgments." Mosby v.
Ligon, 418 F.3d 927, 931 (8th Cir. 2005) (quoting Ballinger v. Culotta, 322 F.3d 546, 548 (8th
Cir.2003) (internal quotation omitted)). The proper avenue to challenge his state court
conviction and sentence is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Now, therefore,

IT IS ORDERED:

1. The motion for leave to proceed in forma pauperis is denied.
2. Plaintiff is required by the Prison Litigation Refonn Act, 28 U.S.C. § 1915, to pay the
$350.00 filing and docketing fees. The institution having custody of the plaintiff is hereby

directed to forward to the U.S. District Court Clerk's office the initial partial filing fee of$18.00.
Whenever the amount in plaintiffs trust account exceeds $10.00, monthly payments that equal
20% ofthe funds credited the preceding month to the plaintiffs trust account shall be forwarded
to the U.S. District Court Clerk's office pursuant to 28 U.S.C. § 1915(b)(2), until the $350 filing
fee is paid in full.
3. This matter is dismissed with prejudice.
4. The disposition of this matter is a first "strike" under 28 U.S.C. § 1915(g).
5. Pursuant to 28 U.S.C. § 1915 and Henderson v. Norris, 129 F.3d 481, 484 (8th Cir.
1997), plaintiff is notified that, if he decides to appeal this order of dismissal to the United States
Court of Appeals for the Eighth Circuit:
(a)

The filing of a notice of appeal from this order by plaintiff, a prisoner, makes the
prisoner liable for payment of the full $455 appellate filing fees regardless ofthe
outcome of the appeal.

(b)

By filing a notice of appeal the prisoner consents to the deduction of the initial

partial appellate filing fee and the remaining installments from the prisoner's

prison account by prison officials.

(c)

Plaintiff, a prisoner, must submit to the clerk of the district court a certified copy
of the prisoner's prison account for the last six months within 30 days of filing
any notice of appeal.

(d)

Failure to file the prison account information will result in the assessment of an

initial appellate partial fee of $35 or such other amount that is reasonable, based

on whatever information the court has about the prisoner's finances.

Dated this

.3...L'i!;of August, 2011.

BY THE COURT:

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CHARLES B. KORNMANN
United States District Judge

ATTEST:

JOSEPH HAAS, CLERK

BY:~~
UTY
(SEAL)

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