Smith v. Boysen et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
BRUCE EDGAR SMITH,
Plaintiff,
vs.
JESS BOYSEN,CORRECTIONAL OFFICER,
IN HER INDIVIDUAL AND OFFICIAL
CAPACITY;DARIN YOUNG,WARDEN,IN
HIS INDIVIDUAL AND OFFICIAL
CAPACITY; TROY PONTO,ASSOCIATE
WARDEN,IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY; JOHN SHYNE,
LIEUTENANT,IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY; KURTIS BROWN,
SERGEANT,IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY; DAVID STEPHAN,
DCI AGENT,IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY; JUSTIN KUKU,
CORRECTIONAL OFFICER,IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY;
KEITH DITMANSON,UNIT MANAGER,IN
HIS INDIVIDUAL AND OFFICIAL
CAPACITY; JESSICA COOK,ASSOCIATE
WARDEN,IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY;PAIGE W.BOCK,
SOUTH DAKOTA STATE ATTORNEY
GENERAL,IN HER INDIVIDUAL AND
OFFICIAL CAPACITY; TAMMY SUNDE,
SOUTH DAKOTA STATE ATTORNEY
GENERAL,IN HER INDIVIDUAL AND
OFFICIAL CAPACITY; JENNIFER
DREIRSKE,DEPUTY WARDEN,IN HER
INDIVIDUAL AND OFFICIAL CAPACITY;
ASHLEY MCDONALD,ATTORNEY FOR
THE SOUTH DAKOTA STATE
PENITENTIARY,IN HER INDIVIDUAL AND
OFFICIAL CAPACITY; DAVID LENTSCH,
UNIT MANAGER;IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY;HEATHER
4:21-CV-04186-LLP
ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE
1
Case 4:21-cv-04186-LLP Document 18 Filed 02/15/23 Page 1 of 2 PageID #: <pageID>

BOWERS,NURSE,IN HER INDIVIDUAL
AND OFFICIAL CAPACITY; DR. MARY
CARPENTER,PIERRE'S MEDICAL
DIRECTOR,IN HER INDIVIDUAL AND
OFFICIAL CAPACITY;UNKNOWN
PHYSICAL THERAPIST, JAMISON ANNEX,
A CONTRACTOR FOR HEALTH SERVICES
FROM AN OUTSIDE SOURCE,IN HIS
INDIVIDUAL AND OFFICIAL CAPACITY,
Defendants.
Plaintiff, Bruce Edgar Smith, an inmate at the South Dakota State Penitentiary, filed a pro
se civil rights lawsuit under 42 U.S.C. § 1983. Doc. 1. This Court denied Smith's motion for
leave to proceed in forma pauperis. Doc. 2, because he was barred from seeking in forma
pauperis as a prison litigant under 28 U.S.C. § 1915(g). Doc. 9. This Court ordered Smith to pay
the full $402 filing fee by January 24, 2022, or his complaint would be dismissed without
prejudice. Id. at 4. Smith filed a motion to reconsider, which this Court denied. Docs. 10,17. At
this time. Smith has not paid the $402 filing fee.
Accordingly, it is ORDERED:
1. That Smith's complaint. Doc. 1, is dismissed without prejudice for failure to
prosecute.
Dated this 15th day ofFebruary, 2023.
BY THE COURT:
idiUJUUX l<2awrence L. Piersol
ATTEST: United States District Judge
MATTHEW W.THELEN,CLERK
Case 4:21-cv-04186-LLP Document 18 Filed 02/15/23 Page 2 of 2 PageID #: <pageID>