United States District Court, D. South Dakota, Southern Division
ORDER GRANTING MOTION TO PROCEED JN FORMA
LAWRENCE L. PIERSOL, UNITED STATES DISTRICT JUDGE
26, 2019, Plaintiff Nicholas Stewart Hines filed a pro se
civil rights lawsuit under 42U.S.C. § 1983 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 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 $145.00 and an average monthly balance of $17.05.
Docket 8. Based on this information, the court grants Hines
leave to proceed in forma pauperis provided he pays an
initial partial filing fee of $29.00, which is 20 percent of
$145.00. Hines must pay this initial partial filing fee by
August 12, 2019. If the court does not receive payment by
this deadline, this matter will be dismissed. Hines may
request an extension of time if needed.
addition to the initial partial filing fee, Hines 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 Hines's institution.
Hines 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). Accordingly, IT IS ORDERED:
Hines's motion for leave to proceed in forma pauperis
(Docket 2) is granted. Hines will make an initial
partial payment of $29.00 by August 12, 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, Hines'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 installments to the court until
the $350 filing fee is paid in full.
clerk of the court is directed to send a copy of this order
to the appropriate ...