Zacharias v. South Dakota State Prison et al
ORDER granting 2 Motion for Leave to Proceed in forma pauperis and Granting Leave to Amend Complaint. Signed by U.S. District Judge Lawrence L. Piersol on 5/10/17. (SLW)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
ORDER GRANTING MOTION
FOR LEAVE TO PROCEED IN
SOUTH DAKOTA STATE PRISON
FORMA PAUPERIS AND
(SDSP), BOB DOOLEY, ROBERT
GRANTING LEAVE TO AMEND
VOLDSETH JR., STEPHANIE
Plaintiff, Chris Zacharias, is an inmate at the South Dakota State
Penitentiary (SDSP) in Sioux Falls. He filed a pro se civil rights lawsuit
pursuant to 42 U.S.C. § 1983 and moved to proceed in forma pauperis.
Docket 1; Docket 2. The Court has now screened Zacharias'complaint
pursuant to 28 U.S.C. § 19ISA. For the reasons stated below, the Court grants
Zacharias' motion to proceed in forma pauperis and grants him leave to
amend his complaint.
Under the Prison Litigation Reform Act (PLRA), a prisoner who "brings a
civil action or files an appeal in forma pauperis . . . shall be required to pay
the full amount of a filing fee." 28 U.S.C. § 1915(b)(1). The Court may,
however, accept partial payment of the initial filing fee where appropriate.
Therefore,"'[w]hen an inmate seeks pauper status, the only issue is whether
the inmate pays the entire fee at the initiation of the proeeedings or over a
period of time under an installment plan.'" Henderson v. Norris, 129 F.3d 481,
483 (8th Cir. 1997)(quoting McGore v. Wrigglesworth, 114 F.3d 601,604
(6th Cir. 1997)).
The initial partial filing fee that aeeompanies an installment plan is
calculated according to 28 U.S.C. § 1915(b)(1), which requires a payment of 20
percent of the greater of:
the average monthly deposits to the prisoner's account; or
the average monthly balance in the prisoner's account for
the 6-month period immediately preceding the filing of the
complaint or notice of appeal.
Zacharias reports average monthly deposits to his prisoner trust account of
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