Wolf Guts v. Couwty et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
RICHARD WOLF GUTS,
Plaintiff,
vs.
COUWTY,CASE MANAGER AT USP
TUCSON,AZ,INDIVIDUAL AND OFFICIAL
CAPACITY; SHIED,LIEUTENANT AT USP
TUCSON,AZ,INDIVIDUAL AND OFFICIAL
CAPACITY; ATTORNEY GENERAL,
SPRINGFIELD, MO AT FEDERAL DISTRICT
COURT;FBOP FMC DOCTORS,PHDS AT
SPRINGFIELD, MO,INDIVIDUAL AND
OFFIICAL CAPACITY,
Defendants.
5:22-CV-05088-RAL
ORDER GRANTING PLAINTIFF'S
MOTION FOR LEAVE TO PROCEED IN
FORMA PAUPERIS AND REQURING
PLAINTIFF TO PAY AN INTIAL PARTIAL
FILING FEE
Plaintiff Richard Wolf Guts filed a pro se lawsuit under 28 U.S.C. § 1331 and Bivens v.
Six Unknown Federal Narcotics Agents. 403 U.S. 388 (\91\'). Doc. 1. Wolf Guts is an inmate at
the Springfield Medical Center for Federal Inmates. S^ id at 1. He filed a motion for leave to
proceed in forma pauperis and provided the Court with his prisoner trust account report. Docs. 2,
3.
Under the Prison Litigation Reform Act, a prisoner who "brings a civil action or files an
appeal in forma pauperis .. . shall be required to pay the full amount of a filing fee." 28 U.S.C.
V
§ 1915(b)(1). The Court may, however, accept partial payment of the initial filing fee where
appropriate. Therefore,"[w]hen an inmate seeks pauper status,the only issue is whether the inmate
pays the entire fee at the initiation of the proceeding or over a period oftime under an installment
Case 5:22-cv-05088-RAL Document 5 Filed 10/25/22 Page 1 of 3 PageID #: <pageID>

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.
WolfGuts reports an average monthly balance for the past six months in his prisoner trust account
of$658.50 and an average monthly deposit of$1,500.00. Doc. 3 at 3. Based on this information,
the Court grants Wolf Guts leave to proceed in forma pauperis, but he must pay an initial partial
filing fee of$300.00(20 percent of his average monthly deposit). Wolf Guts must pay the initial
partial filing fee of$300.00 by November 28,2022. His failure to pay the filing fee by November
28, 2022, will result in the dismissal without prejudice of his complaint.
Accordingly, it is
ORDERED that Wolf Guts's motion for leave to proceed in forma pauperis, Doc. 2, is
granted. Wolf Guts will make a payment of $300.00 by November 28, 2022, made payable to
the Clerk, U.S. District Court. If Wolf Guts does not pay the initial partial filing fee by November
25,2022, his complaint will be dismissed without prejudice. The Court will conduct a 28 U.S.C.
§ 1915A screening after Wolf Guts pays his initial partial filing fee. It is finally
ORDERED that the institution having custody of Wolf Guts is directed that whenever the
amount in Wolf Guts's trust account, exclusive of funds available to him in his frozen account,
exceeds $10.00, monthly payments that equal 20 percent ofthe funds credited the preceding month
to Wolf Guts'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.
Case 5:22-cv-05088-RAL Document 5 Filed 10/25/22 Page 2 of 3 PageID #: <pageID>

DATED October ,2022.
BY THE COURT:
ROBERTO A. LANGE
CHIEF JUDGE
Case 5:22-cv-05088-RAL Document 5 Filed 10/25/22 Page 3 of 3 PageID #: <pageID>