United States District Court, D. South Dakota, Southern Division
ORDER GRANTING MOTIONS TO PROCEED IN FORMA
E. SCHREIER UNITED STATES DISTRICT JUDGE.
Charlie Lewis Thorton Jr., is an inmate at the Minnehaha
County Jail in Sioux Falls, South Dakota. Thorton filed a pro
se civil rights complaint and requested leave to proceed in
forma pauperis under 28 U.S.C. § 1915. Dockets 1 and 2.
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, “ ‘[w]hen an
inmate seeks pauper status, the only issue is whether the
inmate pays the entire fee at the initiation of the
proceeding 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 not filed a prisoner trust account statement for this
case, but he did file one for another case. Under that
statement, he reported average monthly deposits to his
prisoner trust account of $45.06 and an average monthly
balance of $6.94. Thornton v. Tuschen et al.,
4:19-cv-4084-KES, Docket 3. Based on this information, the
court grants Thornton leave to proceed in forma pauperis
provided he pays an initial partial filing fee of $9.01,
which is 20 percent of $45.06. Thornton must pay this initial
partial filing fee by July 5, 2019. If the court does not
receive payment by this deadline, this matter will be
dismissed. Thornton may request an extension of time if
addition to the initial partial filing fee, Thornton 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 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 procedure.
clerk of the court will send a copy of this order to the
appropriate financial official at Thornton's institution.
Thornton 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,
529-30 (8th Cir. 1997).
it is ORDERED
Thornton's motions for leave to proceed in forma pauperis
(Dockets 2 and 6) are granted. Thornton will make an
initial partial payment of $9.01 by July 5, 2019,
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.
After payment of the initial partial filing fee,
Thornton'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 ...