Richard Wolf Guts v. M. County, Case Manager USP Tucson Arizona, individual capacity; Mr. Shied, Lieutenant at USP Tucson AZ, individual capacity; USP Tucson Federal Agency, USDOJ at Tucson Arizona, individual capacity; and Dr. Licata, Psychologist at USP Tucson AZ, individual capacity; Richard Wolf Guts v. Mr. Shied, FBOP, Lieutenant at USP Tucson, AZ, individual capacity; Federal Officers, March 9, 2018, at USP Tucson AZ; Dr. Licata, FBOP Doctors at USP Tucson AZ; and M. County, USDOJ, Case Manager at Tucson AZ, individual capacity.

District Court, D. South Dakota·Decided June 23, 2026·No. 4:25-cv-04224·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

RICHARD WOLF GUTS, 4:25-CV-04222-RAL Plaintiff, OPINION AND ORDER GRANTING vs. PLAINTIFF’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND M. COUNTY, Case Manager USP Tucson 1915A SCREENING Arizona, individual capacity; MR. SHIED, Lieutanant at USP Tucson AZ, individual capacity; USP TUCSON FEDERAL AGENCY, USDOJ at Tucson Arizona, individual capacity; and DR. LICATA, Psychologist at USP Tucson AZ, individual capacity, Defendants.

RICHARD WOLF GUTS, 4:25-CV-04224-RAL Plaintiff, VS. MR. SHIED, FBOP, Lieutenant at USP Tucson, AZ, individual capacity; FEDERAL OFFICERS, March 9, 2018, at USP Tucson AZ; DR. LICATA, FBOP Doctors at USP Tucson AZ; and M. COUNTY, USDOJ, Case Manager at Tucson AZ, individual capacity, Defendants. !

' The list of defendants in both complaints is based on this Court’s interpretation of Wolf Guts’s handwriting, which is challenging to read. As such, the Court notes that the spelling of the defendants’ names may be incorrect, and the defendants may not be properly identified.

Plaintiff Richard Wolf Guts, who has a long history of court proceedings in this district, has filed two new pro se cases addressing events during his incarceration in Tucson, Arizona. Wolf Guts v. County, 4:25-CV-04222-RAL, Doc. 1 (Nov. 13, 2025); Wolf Guts v. Shied, 4:25- CV-04224-RAL, Doc. 1 (Nov. 14, 2025).* This Court grants Wolf Guts’s motions for leave to proceed in forma pauperis, CV-4222, Doc. 4; CV-4224, Doc. 4, but screens Wolf Guts’s cases for dismissal. I. Motions for Leave to Proceed In Forma Pauperis 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. 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) (per curiam) (alteration in original)

This Court will refer to each of these cases by the last four digits of their civil case filing number, followed by the corresponding docket number. 3 Under 28 U.S.C. § 1915(h), a prisoner means “any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law[.]” Wolf Guts filed his complaint from Dismas Charities, a halfway house in Sioux Falls, South Dakota. CV-4222, Doc. 1 at 1, 8; CV-4224, Doc. 1 at 1, 8. Wolf Guts states that he is residing at a “halfway house called Dismas Charities Inc, RRC in SiouxFalls [sic] SouthDakota [sic] [he is] not in custody of the FBOP system [and is] only serving USPO status a[t] this RRC[.]” CV-4224, Doc. 6 at 1 (capitalization in original omitted); see also id. at Doc. 7 at 1 (stating that Wolf Guts is on supervised release). An “RRC” is a Residential Reentry Center, commonly referred to as a halfway house, and contracts with the BOP to transition inmates back into society. See About Our Facilities, Fed. Bureau of Prisons, https://www.bop.gov/about/facilities/residential_reentry_management_centers.jsp (last visited June 23, 2026). An inmate released to a halfway house as a condition of mandatory supervision qualifies as a prisoner for 28 U.S.C. § 1915(h). See Jackson v. Johnson, 475 F.3d 261, 267 (Sth Cir. 2007) (“Even if [plaintiff s] time at the halfway house is for primarily non-punitive purposes, he is nonetheless a ‘prisoner’ within § 1915(h)’s definition because his confinement is as a result of his criminal violation.”). Thus, Wolf Guts is classified as a prisoner under the PLRA.

(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. Because Wolf Guts did not provide this Court with any financial information that would allow it to evaluate his motion for leave to proceed in forma pauperis, the Court directed Wolf Guts to submit a certified prisoner trust account report if he was still in custody, and alternatively, if he was no longer in custody, to file an AO 239 Application to Proceed in District Court Without Prepaying Fees or Costs in lieu of a prisoner trust account report. CV-4222, Doc. 3; CV-4224, Doc. 3. Wolf Guts subsequently filed incomplete prisoner trust account reports, stating that he was not able to provide the Court with the required information because he had been released from prison, CV-4222, Docs. 5, 7; CV-4224, Doc. 5, as well as financial affidavits, CV-4222, Doc. 8; CV-4224, Doc. 4. After reviewing Wolf Guts’s financial affadavits, the Court finds that he has insufficient funds to pay the filing fee. Thus, the Court grants Wolf Guts’s motions for leave to proceed in forma pauperis, CV-4222, Doc. 4; CV-4224, Doc. 4, and waives his initial partial filing fee. See 28 U.S.C. § 1915(b)(4) (“In no event shall a prisoner be prohibited from bringing a civil action ... for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.”). Wolf Guts filed a second motion for leave to proceed in forma pauperis in CV-4222, Doc. 8, which this Court denies as moot. In order to pay his filing fee, Wolf Guts 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

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Richard Wolf Guts v. M. County, Case Manager USP Tucson Arizona, individual capacity; Mr. Shied, Lieutenant at USP Tucson AZ, individual capacity; USP Tucson Federal Agency, USDOJ at Tucson Arizona, individual capacity; and Dr. Licata, Psychologist at USP Tucson AZ, individual capacity; Richard Wolf Guts v. Mr. Shied, FBOP, Lieutenant at USP Tucson, AZ, individual capacity; Federal Officers, March 9, 2018, at USP Tucson AZ; Dr. Licata, FBOP Doctors at USP Tucson AZ; and M. County, USDOJ, Case Manager at Tucson AZ, individual capacity., (D.S.D. 2026).

Richard Wolf Guts v. M. County, Case Manager USP Tucson Arizona, individual capacity; Mr. Shied, Lieutenant at USP Tucson AZ, individual capacity; USP Tucson Federal Agency, USDOJ at Tucson Arizona, individual capacity; and Dr. Licata, Psychologist at USP Tucson AZ, individual capacity; Richard Wolf Guts v. Mr. Shied, FBOP, Lieutenant at USP Tucson, AZ, individual capacity; Federal Officers, March 9, 2018, at USP Tucson AZ; Dr. Licata, FBOP Doctors at USP Tucson AZ; and M. County, USDOJ, Case Manager at Tucson AZ, individual capacity. (Richard Wolf Guts v. M. County, Case Manager USP Tucson Arizona, individual capacity; Mr. Shied, Lieutenant at USP Tucson AZ, individual capacity; USP Tucson Federal Agency, USDOJ at Tucson Arizona, individual capacity; and Dr. Licata, Psychologist at USP Tucson AZ, individual capacity; Richard Wolf Guts v. Mr. Shied, FBOP, Lieutenant at USP Tucson, AZ, individual capacity; Federal Officers, March 9, 2018, at USP Tucson AZ; Dr. Licata, FBOP Doctors at USP Tucson AZ; and M. County, USDOJ, Case Manager at Tucson AZ, individual capacity.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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