Caskey v. South Dakota State Penitentiary et al
ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Initial Partial Filing Fee in the amount of $18.15 is due by 7/7/2017. Signed by U.S. District Judge Karen E. Schreier on 6/8/17. (DJP)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CODY RAY CASKEY,
SOUTH DAKOTA STATE
PENITENTIARY, WARDEN DOOLEY,
ORDER GRANTING MOTION TO
PROCEED IN FORMA PAUPERIS
Plaintiff, Cody Ray Caskey, is an inmate at the South Dakota State
Penitentiary in Sioux Falls. Plaintiff filed a pro se civil rights lawsuit pursuant
to 42 U.S.C. ' 1983 and requested leave to proceed in forma pauperis
pursuant to 28 U.S.C. ' 1915. Docket 1; Docket 3.
Under the Prison Litigation Reform Act (PLRA), a prisoner who Abrings 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,
A >[w]hen an inmate seeks pauper status, the only issue is whether the inmate
pays the entire fee at the initiation of the proceedings 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 accompanies 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.
Plaintiff has reported average monthly deposits to his prisoner trust account of
$78.31 and an average monthly balance of $90.76. Docket 4. Based on this
information, the court grants plaintiff leave to proceed in forma pauperis
provided he pays an initial partial filing fee of $18.15, which is 20 percent of
$90.76. Plaintiff must pay this initial partial filing fee by July 7, 2017. If the
court does not receive payment by this deadline, this matter will be dismissed.
Plaintiff may request an extension of time if needed.
In addition to the initial partial filing fee, plaintiff must Amake monthly
payments of 20 percent of the preceding month=s income credited to the
prisoner=s account.@ 28 U.S.C. ' 1915(b)(2). The statute places the burden on
the prisoner=s institution to collect the additional monthly payments and
forward them to the court as follows:
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 of the prisoner shall forward payments from the
prisoner=s account to the clerk of the court each time the amount
in the account exceeds $10 until the filing fees are paid.
28 U.S.C. ' 1915(b)(2). Therefore, after payment in full of the initial partial
filing fee, the remaining installments will be collected pursuant to this
The clerk of the court will send a copy of this order to the appropriate
financial official at plaintiff=s institution. Plaintiff will remain responsible for
the entire filing fee, as long as he is a prisoner, even if the case is dismissed at
some later time. See In re Tyler, 110 F.3d 528, 529B30 (8th Cir. 1997).
Accordingly, it is ORDERED
1. Plaintiff's motion for leave to proceed in forma pauperis (Docket 3) is
granted. Plaintiff will make an initial partial payment of $18.15
by July 7, 2017, made payable to the Clerk, U.S. District Court. If
the initial partial filing fee is not received by the specified deadline,
the case will be dismissed.
2. After payment of the initial partial filing fee, plaintiff=s institution will
collect the additional monthly payments in the manner set forth in
28 U.S.C. ' 1915(b)(2), quoted above, and will forward those
installments to the court until the $350 filing fee is paid in full.
3. The clerk of the court is directed to send a copy of this order to the
appropriate official at plaintiff=s institution.
4. The clerk of the court is directed to set a pro se case management
deadline in this case using the following text: July 7, 2017: initial
partial filing fee payment due.
5. Plaintiff will keep the court informed of his current address at all times. All
parties are bound by the Federal Rules of Civil Procedure and by the
court’s Local Rules while this case is pending.
Dated June 8, 2017.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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