Butterfield v. Young et al

Filing 6

ORDER re Prisoner Trust Account Report. Signed by U.S. District Judge Roberto A. Lange on 12/21/2017. (JLS)

FILE

UNITED STATES DISTRICT COURT

DEC 2 1 2017

DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

CLERK

KODY DEAN BUTTERFIELD,

4:17-CV-04162-RAL

Plaintiff,
ORDER

vs.

DARREN YOUNG, WARDEN, South Dakota
State Penitentiary, in his individual and official
capacity; and ART ALLCOCK, Associate
Warden, South Dakota State Penitentiary, in his
individual and official capacity;
Defendants.

Plaintiff^ Kody Dean Butterfield, is an inmate at the South Dakota State Penitentiary in
Sioux Falls. On November 30, 2017, Butterfield filed a pro se civil rights lawsuit under to 42

U.S.C. § 1983 and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
Doe. 1; Doe. 2. Butterfield, however, did not file "a certified copy of the trust fimd account
statement (or institutional equivalent) for the prisoner for the 6-month period immediately

preceding the filing of the complaint" as is required. 28 U.S.C. § 1915. Rather, Butterfield filed a
self-prepared prisoner trust account report that lacked the signature of an authorized officer firom
his institution. Doe. 3.

The court will provide Butterfield an additional thirty days to file "a certified copy of the
trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period

immediately preceding the filing of the complaint." 28 U.S.C. § 1915(a)(2). Failiare to comply
with this order and submit a certified Prisoner Trust Account Report by the deadline set will

result in dismissal without prejudice of this action. See In re Prison Litig. Reform Act, 105 F.3d
1131, 1132 (6th Cir. 1997) ("If an inmate not paying the full filing fee fails to provide an

affidavit ofindigency or trust account statement, the district court shall notify the prisoner of the
deficiency and the prisoner shall have thirty (30) days fi-om the date of the deficiency order to
correct the error or pay the full filing fee. Ifthe prisoner does not comply with the district court's
directions, the .. . district court must then order the case dismissed for want of prosecution.");
see also Perry v. Boston Scientific Family, CIV. No. 11-3464(DWF/LIB), 2012 WL 694713, at
*2 (D. Minn. Feb. 9, 2012), report and recommendation adopted, CIV. No. 11-3464
(DWF/LIB),2012 WL 694700, at '•'1 (D. Minn. Mar. 1, 2012)(collecting cases holding dismissal
appropriate when pro se litigant fails to comply with pauper requirements and court orders).
Accordingly, it is

ORDERED that the Clerk of Court mail this order and a Prisoner Trust Account Report
to Butterfield. It is further

ORDERED that Butterfield will complete the Prisoner Trust Account Report according
to that document's directions and return it by January 23, 2018. Failure to file the Prisoner Trust
Account Report by January 23, 2018, will result in dismissal without prejudice ofthe complaint.

DATED December

2017.
BY THE COURT:

ROBERTO A. LAN(
UNITED STATES DISTRICT JUDGE