Jogaak v. Hoglund Hanson et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
JOGAAK JOGAAK, 4:22-CV-04181-LLP
Plaintiff,
ORDER GRANTING PLAINTIFF'S
vs. MOTION FOR LEAVE TO PROCEED IN
FORMA PAUPERIS AND REQURING
JUDGE SANDRA HOGLUND HANSON,in PLAINTIFF TO PAY AN INTIAL PARTIAL
her official capacity; CLERK OF COURTS FILING FEE
ANGELIA M. GRIERS,in her official capacity.
Defendants.
Plaintiff, Jogaak Jogaak, an inmate at the South Dakota State Penitentiary, filed a pro se
civil rights lawsuit under 42 U.S.C. § 1983. Doe. I. Jogaak moves for leave to proceed in forma
pauperis and has included his prisoner trust account report. Does. 2, 3.
Under the Prison Litigation Reform Act, a prisoner who "brings a civil action or files an
appeal in forma pauperis .. . shall he required to pay the full amount of a filing fee." 28 U.S.C.
§ 1915(b)(1). The court may, however, accept partial payment ofthe initial filing fee where
appropriate. Therefore,"[wjhen an inmate seeks pauper status, the only issue is whether the
inmate pays the entire fee at the initiation ofthe proceeding or over a period oftime 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 of20 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 ofthe complaint or notice ofappeal.
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Jogaak filed a prisoner trust account report that shows his average monthly deposits for
the past six months as $60.00 and his average monthly balance for the past six months as $23.66.
Doc. 3 at 1. Based on this information, the Court grants Jogaak leave to proceed in forma
pauperis. Jogaak must pay the initial partial filing fee of$12.00, which is 20 percent of his
average monthly deposits for the past six months ($60.00). Jogaak must pay his initial partial
filing fee of$12.00 by February 3, 2023. Failure to pay the filing fee by February 3, 2023, will
result in dismissal without prejudice of Jogaak's complaint.
In order to pay the remainder of his filing fee, Jogaak must"make monthly payments of
20 percent ofthe 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 ofthe 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 ofthe court each time the amount
in the account exceeds $10 until the filing fees are paid.
28 U.S.C. § 1915(b)(2). The installments will be collected pursuant to this procedure.
The clerk of the court will send a copy ofthis order to the appropriate financial official
at plaintiffs institution. Jogaak will remain responsible for the entire filing fee as long as he is a
prisoner, even if the case is dismissed at some later time. See In re Tyler, 110 F.3d 528, 529-30
(8th Cir. 1997).
Thus, it is ORDERED:
1. That Jogaak's motion to proceed in forma pauperis(Doc. 2)is granted.
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2. Jogaak must pay his initial partial filing fee of $12.00 by February 3, 2023, or his
complaint will be dismissed without prejudice. The Court will conduct a 28 U.S.C.
§ 1915A screening after he pays his initial partial filing fee.
3. That the institution having custody of Jogaak is directed that whenever the amount in
Jogaak's trust account, exclusive of funds available to him in his frozen account,
exceeds $10.00, monthly payments that equal 20 percent of the funds credited the
preceding month to Jogaak's trust account shall be forwarded to the U.S. District Court
Clerk's Office under 28 U.S.C. § 1915(b)(1) until the $350 filing fee is paid in full.
DATED January 1(^,2023.
ATTEST:
MATTHEW W. THELEN,CLERK
BY THE COURT
.awrence L. Piersol
United States District Judge
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