Oromo v. Minnehaha County Jail

Filing 6

ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Initial Partial Filing Fee in the amount of 36.43 is due by 10/12/2021. Signed by U.S. District Judge Karen E. Schreier on 9/9/2021.(Mailed to Mr. Oromo and Financial Department at MCJ) (JLS)

Case 4:21-cv-04141-KES Document 6 Filed 09/09/21 Page 1 of 3 PageID #: 19

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
PETER OROMO,

4:21-CV-04141-KES
Plaintiff,

vs.
MINNEHAHA COUNTY JAIL,
Defendant.

ORDER GRANTING PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS AND REQUIRING
PLAINTIFF TO PAY AN INITIAL
PARTIAL FILING FEE

Plaintiff, Peter Oromo, an inmate at the Minnehaha County Jail, filed a
pro se civil rights lawsuit under 42 U.S.C. § 1983. Docket 1. Oromo moves to
proceed in forma pauperis and included his prisoner trust account report.
Dockets 2, 5.
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. Thus, “ ‘[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)
(alteration in original) (quoting McGore v. Wrigglesworth, 114 F.3d 601, 604
(6th Cir. 1997)).

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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
(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 of the complaint or
notice of appeal.
Oromo reports average monthly deposits of $182.17 and an average monthly
balance of $0.99. Docket 5. Based on the information regarding Oromo’s
prisoner trust account, the court grants Oromo leave to proceed in forma
pauperis, but he must pay an initial partial filing fee of $36.43 (20 percent of
his average monthly deposit). Oromo must pay the initial partial filing fee of
$36.43 by October 12, 2021. Failure to pay the filing fee by October 12, 2021,
will result in dismissal without prejudice of Oromo’s complaint.
Thus, it is ORDERED:
1. That Oromo’s motion to proceed in forma pauperis (Docket 2) is granted.
Oromo must make a payment of $36.43 by October 12, 2021, made
payable to the Clerk, U.S. District Court. If Oromo does not pay the
initial partial filing fee by October 12, 2021, his complaint will be
dismissed without prejudice. The court will conduct a 28 U.S.C. § 1915A
screening after he pays his initial partial filing fee.
2. That the institution having custody of Oromo is directed that whenever
the amount in Oromo’s trust account, exclusive of funds available to him
in his frozen account, exceeds $10.00, monthly payments that equal 20
percent of the funds credited the preceding month to Oromo’s trust
2

Case 4:21-cv-04141-KES Document 6 Filed 09/09/21 Page 3 of 3 PageID #: 21

account shall be forwarded to the U.S. District Court Clerk’s Office under
28 U.S.C. § 1915(b)(1) until the $350 filing fee is paid in full.
Dated September 9, 2021.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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