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Johnston v. Dooley

United States District Court, D. South Dakota, Southern Division

December 10, 2014

DAVID H. JOHNSTON, Plaintiff,
v.
ROBERT DOOLEY, WARDEN; AND DENNIS KAEMINGK, S.D. SECRETARY OF CORRECTIONS; Defendants.

ORDER FOR SERVICE AND DENYING MOTIONS FOR ATTORNEY'S FEES (DOCKET # 10 AND 17)

VERONICA L. DUFFY, Magistrate Judge.

INTRODUCTION

Plaintiff, David H. Johnston ("Johnston") is an inmate at the Mike Durfee State Prison ("MDSP") in Springfield, South Dakota. He has filed a pro se lawsuit pursuant to 42 U.S.C. § 1983, alleging the defendants have violated his civil rights.

On August 11, 2014, plaintiff, filed his Complaint in this matter along with a motion for leave to proceed in forma pauperis. Dockets 1, 3 & 4. On August 13, 2014, the court granted Johnston leave to proceed in forma pauperis and assessed an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1). Docket 8. The court ordered Johnston to pay an initial partial filing fee of $21.96 by September 30, 2014. Though no payments were made before September 30, Johnston has paid $22.50 toward the filing fee. Thereafter, the court ordered Johnston to re-file his Complaint on the standard form. See Docket 13. Johnston has now complied and filed his Complaint on the standard form. Docket 14.

DISCUSSION

A. Screening Pursuant to 28 U.S.C. § 1915A

28 U.S.C. § 1915A requires the court to "screen" prisoner complaints. It states as follows:

§ 1915A. Screening
(a) Screening. - The court shall review, before docketing, if feasible, or in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(b) Grounds for dismissal. - On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint -
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.
(c) Definition. - As used in this section, the term "prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions ...

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