Trotter v. McMasters et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DANIEL JEROME TROTTER, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 4:25-cv-0810-MTS
)
DONNA MCMASTERS, et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
This matter is before the Court on review of Plaintiff’s Application to Proceed in District
Court without Prepaying Fees or Costs. 	Doc. [3]. 	Because Plaintiff has failed to submit a
certified copy of his inmate account statement, the Court will deny Plaintiff’s Application
without prejudice. 	See 28 U.S.C. § 1915(a)(2). 	Plaintiff must file a new application supported
by a certified copy of his account statement, or prepay the $405 filing fee in full, no later than
March 4, 2026.
The Court warns Plaintiff that his statements on the application are made under penalty of
perjury.1 	The Court notes that in seeking to proceed in this matter without prepaying fees or
costs Plaintiff’s original Application indicated that “[i]n the past 12 months,” he had no “pay or
wages” and had not “received income” from “[g]ifts or inheritances” or from any “other
sources.” 	Id. 	Additionally, he indicated that he had no money “in cash” or “in a checking or
savings account.” 	Id. 	Despite these representations Plaintiff’s (uncertified) inmate account
statement shows a regular payroll deposit. 	Doc. [4]. 	These regular deposits are irreconcilable
with Plaintiff’s representations that he has had no wages, gifts, or income from any source within
the last twelve months.
1 See 28 U.S.C. § 1621 (punishing perjury with a fine and imprisonment of up to five years).
Case: 4:25-cv-00810-MTS Doc. #: 6 Filed: 02/02/26 Page: 1 of 2 PageID #:
<pageID>

- 2 -
If Plaintiff chooses to file another application, Plaintiff must do so carefully and
truthfully answer each question in its entirety. 	The Court admonishes Plaintiff that any future
false statements on the form will result in the dismissal of this action with prejudice. 	See
Romesburg v. Trickey, 908 F.2d 258, 260 (8th Cir. 1990) (holding district courts have the
discretion to dismiss a case with prejudice where a plaintiff has in bad faith filed a false affidavit
of poverty); see also, e.g., Hudson v. Malone, 4:25-cv-0189-MTS, 2025 WL 2243698, at *2
(E.D. Mo. Aug. 6, 2025).2
Accordingly,
IT IS HEREBY ORDERED that Plaintiff Daniel Jerome Trotter’s Application to
Proceed in District Court without Prepaying Fees or Costs, Doc. [3], is DENIED without
prejudice. No later than Wednesday, March 4, 2026, Plaintiff shall prepay the filing fee in full
or carefully complete and file a new application to proceed in district court without prepaying
fees or costs along with a certified copy of his inmate account statement. 	Failure to do so will
result in the dismissal of this action without further notice.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Appointment of Counsel, Doc.
[2], is DENIED without prejudice.
Dated this 2nd day of February 2026.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
2 In addition, the Court will deny Plaintiff’s Motion to Appoint Counsel. 	Doc. [2]. 	Even
assuming, for purposes of this Motion, that Plaintiff is indigent, he failed to complete the form
motion in its entirety. And, in any event, he has otherwise not established that appointed counsel
is appropriate at this stage in this case. 	See Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir.
1998) (discussing the “relevant factors” a district court should consider when “determining
whether to appoint counsel for an indigent civil litigant”).
Case: 4:25-cv-00810-MTS Doc. #: 6 Filed: 02/02/26 Page: 2 of 2 PageID #:
<pageID>