Ross v. Carpenter

Filing 42

ORDER denying 41 Motion Waiver of Filing Fees. Signed by Chief Judge Roberto A. Lange on 4/9/20. Mailed to Travis Ross. (SLW)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

CENTRAL DIVISION

TRAVIS ROSS,

3:15-CV-03013-RAL

Plaintiff,
ORDER DENYING PLAINTIFF'S
MOTION TO WAIVE FILING FEES

vs.

DR. MARY CARPENTER,in her individual

and official capacities.
Defendant.

On August 3,2015, Travis Ross(Ross), an inmate at the Mike Diurfee State Prison, filed a

Complaint in this Court alleging that Dr. Mary Carpenter (Carpenter), the Medical Director for
Corrections Health, was deliberately indifferent to his medical needs,thus violating his civil rights.
Doc. 1. Ross also filed a Motion for Leave to Proceed In Forma Pauperis, which this Court granted

on August 28, 2015. Docs. 2, 5. After the parties conducted discovery. Carpenter moved for
summary judgment. Doc. 18. This Court considered the motion and issued an Opinion and Order
Granting Defendant's Motion for Summary Judgment on June 8,2016. Doc.25. Since early 2016,
this Court has received periodic partial payments of Ross's filing fee in this ease in accordance
with the Prison Litigation Reform Act(PLRA). Ross now moves this Court for a waiver of the
remainder of that filing fee, claiming that the periodic withdrawals jfrom his inmate trust account
are causing him hardship. Doc. 41.

In 1892, Congress enacted the in forma pauperis statute which ensured indigent litigants

meaningful access to the courts and provided district courts the discretion to waive all or part of
the filing fee in civil cases. Bruce v. Samuels, 136 S. Ct. 627,629(2016); Tucker v. Branker. 142

F.3d 1294, 1296 (D.C. Cir. 1998). However, in 1996, Congress enaeted the PLRA which
addressed prison litigation in federal courts and imposed some limitations on such eases. See
Bruce. 136 S. Ct. at 629. As a result, the in forma pauperis statute was amended, and now in
relevant part reads:
(b)(1) Notwithstanding subsection (a), if a prisoner brings a civil
action or files an appeal in forma pauperis, the prisoner shall be
required to pay the full amount ofa filing fee. The court shall assess
and, when funds exist, collect, as a partial payment ofany court fees

required by law, an initial partial filing fee of 20 percent of the
greater of(A)the average monthly deposits to the prisoner's account; or

(B)the average monthly balance in the prisoner's account for the 6month period immediately preceding the filing ofthe complaint
or notice of appeal.

(2) 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. The
agency having custody ofthe prisoner shall forward payments from
the prisoner's account to the clerk ofthe court each time the amount
in the account exceeds $10 until the filing fees are paid.

28 U.S.C. §§ 1915(b)(l)-(2). The statute now makes the payment of a filing fee mandatory for

prisoner civil litigants who proceed informa pauperis. Therefore, Ross's Motion for Waiver of
Filing Fees is denied.
For good cause, it is hereby
ORDERED that Ross's Motion for Waiver of Filing Fees, Doe. 41, is denied.
DATED this 9th day of April, 2020.
BY THE COURT:

ROBERTO A. LANGE
CHIEF JUDGE