Bryant v. Sioux Falls Police Department

• Court: District Court, D. South Dakota
• Decided: April 25, 2023
• Docket: 4:23-cv-04067
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

JON HENRI BRYANT, SR., 4:23-CV-04067-KES

Plaintiff,

vs. ORDER REQUIRING PLAINTIFF TO FILE A PRISONER TRUST ACCOUNT SIOUX FALLS POLICE DEPARTMENT; REPORT TOM WARD; JOHN CARDA; CHIEF BURNS; SERGEANT TIM HAGEN; ROBERT FORSTER,

Defendants.

Plaintiff, Jon Henri Bryant, Sr., an inmate at the Coleman Medium Federal Correctional Institution, filed a pro se civil rights lawsuit under 42 U.S.C. § 1983. Docket 1. Bryant filed a motion for leave to proceed in forma pauperis and included account statements from his prisoner accounts, but he did not include a certified and completed prisoner trust account report that states his average monthly deposits and average monthly balance for the last six months. See Dockets 2, 3. Under the Prison Litigation Reform Act, 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. Thus, “[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) (per curiam) (alteration in original) (quoting McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997)).

The 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 account; or (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.

Although Bryant has submitted prisoner account statements, he has not submitted a prisoner trust account report. See Docket 3. This court cannot evaluate Bryant’s motion for leave to proceed in forma pauperis without a certified and completed prisoner trust account report that states his average monthly deposits and average monthly balance for the last six months. Bryant must submit a completed prisoner trust account report or, in the alternative, pay the full $402 civil complaint filing fee by May 25, 2023. Failure to comply will result in dismissal without prejudice of Bryant’s complaint for failure to prosecute. Thus, it is ORDERED: 1. That the Clerk of Court will send Bryant a prisoner trust account report form. 2. That Bryant must return the completed prisoner trust account report or pay full $402 civil complaint filing fee by May 25, 2023. If Bryant fails to comply with this order, his complaint will be dismissed

without prejudice for failure to prosecute. Dated April 25, 2023. BY THE COURT:

/s/ Karen E. Schreier KAREN E. SCHREIER UNITED STATES DISTRICT JUDGE