Crump v. Minnesota Department of Corrections et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
WILLIE JAMES CRUMP,
Plaintiff,
v.
MINNESOTA 	DEPARTMENT 	OF
CORRECTIONS, TRACY BELTZ, and
PAUL SCHNELL,
Defendants.
Case No. 26-CV-0693 (PJS/JFD)
ORDER
Plaintiff Willie James Crump, a prisoner, has applied for in forma pauperis (“IFP”)
status. (See Dkt. No. 2 (“IFP Application”)). Because Mr. Crump is a prisoner, see 28
U.S.C. § 1915(h), the IFP Application falls under 28 U.S.C. § 1915(b), which requires an
initial partial filing fee for prisoners seeking IFP status in civil actions. See, e.g., Ashley v.
Dilworth, 147 F.3d 715, 716 (8th Cir. 1998). This fee is 20 percent of the greater of (1) the
average monthly deposits to the plaintiff’s facility trust account in the six months
immediately before the complaint’s filing, or (2) the average balance in the plaintiff’s
account during the same period. See 28 U.S.C. § 1915(b)(1).
Materials submitted by Mr. Crump show that he must pay an initial partial filing fee
of $22.19.1 This action will not proceed until Mr. Crump pays this fee in full. If he fails to
1 A Certificate of Authorized Prison Official submitted by Mr. Crump states that the
amount of his average monthly deposits during the preceding six-month period was
$110.99. (See Dkt. No. 4 at 1.) A copy of Mr. Crump’s trust-account statement submitted
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pay within 21 days of this Order’s date, the Court will treat the action as abandoned and
recommend dismissal without prejudice for lack of prosecution. See Fed. R. Civ. P. 41(b).
Finally, the Court offers Mr. Crump the following warnings:
• 	If Mr. Crump proceeds by paying the $22.19 initial partial filing fee,
he will also have to pay the remaining $327.91 of this action’s $350.00
statutory filing fee in installments. Officials at Mr. Crump’s facility
will be notified of this requirement and authorized to withdraw funds
from his trust account to remit to the Court, as per § 1915(b),
regardless of the action’s outcome.
• 	Upon payment of the initial partial filing fee, the Court will review
Mr. Crump’s complaint (Dkt. No. 1 (“Complaint”)) to determine if he
has pleaded a viable claim for relief within the Court’s jurisdiction.2
If the Court finds that the Complaint is frivolous or malicious, or fails
to state a claim for which relief can be granted, Mr. Crump will incur
a “strike” under 28 U.S.C. § 1915(g). Accumulating three or more
“strikes” will significantly restrict Mr. Crump’s ability to proceed IFP
in federal court
with the Certificate (see Dkt. No. 4-1) indicates that his average balance for part of this
period was $73.21. (The Court notes that Mr. Crump may have been transferred between
facilities within the relevant six-month period; it will not require him to produce materials
bearing on his accounts while he was at other facilities.) Because the deposits amount
exceeds the balance amount, Mr. Crump’s initial partial filing fee in this case, under the
formula prescribed by 28 U.S.C. § 1915(b)(1), is 20 percent of the average deposits
amount, or $22.19.
2 Mr. Crump should carefully consider whether to proceed with this case, as the Complaint
has 	significant 	issues. 	Most 	notably, 	the 	Minnesota 	Department 	of 	Corrections 	is
completely shielded from this lawsuit by Eleventh Amendment sovereign immunity. And
while the Complaint also names Tracy Beltz and Paul Schnell as defendants, it fails to
allege that they were personally involved in any of the alleged constitutional deprivations,
which is a strict requirement for civil-rights claims. The Court also notes that several legal
theories that Mr. Crump offers are likely barred as a matter of law, including claims relying
on the Prison Rape Elimination Act (which does not provide prisoners a private right of
action) and challenges to legally authorized prison wage deductions. Given these concerns,
and other issues that may arise if this action moves forward, Mr. Crump may want to
reconsider before committing $350.00 to pursue this litigation.
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ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT
IS HEREBY ORDERED THAT:
1. 	Plaintiff Willie James Crump must pay an initial partial filing fee of
at least $22.19 within 21 days of this Order’s date.
2. 	Should Mr. Crump fail to pay the initial partial filing fee, the Court
will recommend dismissing this action without prejudice for failure to
prosecute.
Date: March 19, 2026 	s/ John F. Docherty
JOHN F. DOCHERTY
United States Magistrate Judge
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