United States District Court, D. South Dakota, Western Division
JEFFREY L. VIKEN UNITED STATES DISTRICT JUDGE.
Dustin Seegrist filed this pro se civil rights
action under 42 U.S.C. § 1983 alleging defendants
violated his constitutional rights by allowing a Rapid City
Police Department ("RCPD") dog to attack him.
(Docket 1). He later filed an amended complaint. (Docket 5).
Plaintiff is an inmate at the Pennington County Jail.
Id. at p. 1. "He moved for leave to proceed in
forma pauperis and filed a copy of his prisoner trust
account. (Dockets 2 & 3). For the reasons given below,
the court grants plaintiffs motion to proceed in forma
pauperis and dismisses part of his amended complaint in the
pro se prisoner screening process. The court appoints
temporary counsel for plaintiff by separate order.
In Forma Pauperis Status
support of his motion to proceed in forma pauperis,
plaintiff filed an affidavit attesting to his indigency.
(Docket 2). He states he is presently unemployed due to his
incarceration and he has $25 in savings. Id. at pp.
1- 2. The court finds plaintiff is indigent and grants him
leave to proceed in forma pauperis.
Prison Litigation Reform Act, 28 U.S.C. § 1915, requires
prisoners seeking to proceed in forma pauperis to
make an initial partial filing fee payment when possible.
Determination of the partial filing fee 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.
support of his motion, plaintiff provided a copy of his
prisoner trust account report signed by an authorized prison
official. (Docket 3). The report shows an average monthly
deposit for the past six months of $1.43, an average monthly
balance for the past six months of $0, and a current balance
of $0. Id. In light of this information, the court
finds plaintiff is not required to make an initial partial
the full filing fee as required by law, plaintiff 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). The Clerk of Court will send a
copy of this order to the appropriate financial official at
plaintiffs institution. Plaintiff will remain responsible for
the entire filing fee as long as he is a prisoner, even if
the case is dismissed. See In re Tyler, 110 F.3d
528, 529-30 (8th Cir. 1997).
Prisoner Complaint Screening