United States District Court, D. South Dakota, Southern Division
ORDER ON MOTION TO PROCEED IN FORMA PAUPERIS (DOCKET
VERONICA L. DUFFY UNITED STATES MAGISTRATE JUDGE.
William Cody, is an inmate at the South Dakota State
Penitentiary in Sioux Falls, South Dakota. Plaintiff has
filed a pro se civil rights lawsuit pursuant to 42 U.S.C.
§ 1983 and has requested leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. Docket 2 and 4.
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, 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)).
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
(B) 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.
has reported average monthly deposits to his prisoner trust
account of $0 and an average monthly balance of $-272.76.
Docket 4. Based on this information, the court grants
plaintiff leave to proceed in forma pauperis.
must ''make 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 monthly payments and forward them to the court as
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).
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
that Plaintiff's motion for leave to proceed in forma
pauperis (Docket 2) is granted.
FURTHER ORDERED that plaintiff's institution will collect
the 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
FURTHER ORDERED that the clerk of the court is directed to
send a copy of this order to the appropriate ...