DeCory v. Monument Health Hospital et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTEPCSf DIVISION
FILED
JUL 2 2 2D22
WILLIAM MARTIN ARDENE DECORY, 5:21-CV-05055-CBK
Plaintiff, ORDER FOR COLLECTION OF
vs. APPELLATE FILING FEE
MOUNUMENT HEALTH HOSPITAL and
THE STATE OF SOUTH DAKOTA;
Defendants.
Plaintiff, a prisoner, filed a complaint under 42 U.S.C. § 1983. Plaintiff was
ordered to either pay the filing fee or submit a proper motion to proceed in forma
pauperis. He failed to do so. On April 28, 2022,1 dismissed the complaint for failure to
prosecute. He filed a notice of appeal and a motion to proceed on appeal informa
pauperis. I denied the motion to proceed on appeal informa pauperis.
The United States Court of Appeals ordered plaintiff to pay the appellate filing
fee or demonstrate eligibility to proceed on appeal informa pauperis. He failed to do
so. The Eighth Circuit dismissed his appeal and remanded the case to this Court for
the collection ofthe appellate filing fee. DeCorv v. Monument Health Hospital, et al.
8th Cir. No. 22-2023(July 14, 2022).
"[T]he assessment of appellate filing fees occurs upon the filing of a notice of
appeal or the filing of a motion to proceed in forma pauperis ... and fixes
responsibility for payment sooner or later of the fees in lull," Henderson v. Norris.
129 F.3d 481,484(8th Cir. 1997). "Irrespective ofthe court's approach to the merits
ofthe appeal, the prisoner's liability for the full payment of the appellate filing fees
under the PERA continues until full payment has been made which may be long after
we have disposed ofthe appeal." Id. Plaintiff must pay the full $505.00 appellate
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filing fee. Pursuant to 28 U.S.C. § 1915(b)(2), plaintiff may pay the full amount of
the filing fee in installments.
Now,therefore,
IT IS ORDERED:
1. Plaintiff shall pay the full amount ofthe $505.00 appellate filing fee and
may do so by paying in installments.
2. Pursuant to 28 U.S.C. § 1915(b)(2), whenever the amount in plaintiffs prison
trust account exceeds $10.00,the institution having custody ofthe plaintiff is hereby
directed to forward monthly payments that equal 20% ofthe funds credited the preceding
month to the plaintiffs trust account to the U.S. District Court for the District of South
Dakota Clerk of Court, 225 S. Pierre Street Room 405, Pierre, South Dakota 57501, until
the $505.00 appellate filing fee is paid in full.
3. The Clerk of Court shall send a copy of this order to the appropriate official at
the institution where plaintiff^incarcerated.
DATED this of July, 2022.
BY THE COURT:
CHARLES B. KORNMANN
United States District Judge
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