Kryger v. Sullivan et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
CHRISTOPHER DEAN KRYGER, 4:22-CV-04086-LLP
Petitioner,
vs.
WARDEN DAN SULLIVAN and THE
ATTORNEY GENERAL OF THE STATE OF
SOUTH DAKOTA,
ORDER GRANTING PETITIONER'S
MOTION FOR LEAVE TO PROCEED IN
FORMA PAUPERIS ON APPEAL
Respondents.
On June 29,2022, Petitioner, Christopher Dean Kryger, an inmate at the South Dakota
State Penitentiary, applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doe. 1. This
Court adopted the Magistrate Judge's Report and Recommendation in full, overruling Kryger's
objection and granting Respondents' motion for judgment on the pleadings. Doc. 15. Judgment
was entered, and Kryger's application for a writ of habeas corpus was dismissed with prejudice.
Doc. 16. Kryger filed a notice of appeal. Doc. 17, a motion for leave to proceed in forma
pauperis on appeal. Doc. 18, and provided the Court with prisoner trust account documentation
but no completed prisoner trust account report. Doc. 19.
The Eighth Circuit historically has looked to district courts to rule on in forma pauperis
motions for appeal and has held that the filing-fee provisions ofthe Prison Litigation Reform Act
do not apply to habeas corpus actions. Malave v. Hedrick, 271 F.3d 1139, 1140(8th Cir. 2001)
(per curiam). To determine whether a habeas petitioner qualifies for in forma pauperis status, the
court need only assess(1) whether the petitioner can afford to pay the full filing fee, and (2)
whether the petitioner's appeal is taken in "good faith." 28 U.S.C. § 1915(a)(1),(3).
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Kryger provides prisoner trust account documentation that indicates a total account
balance of$211.28 on August 1, 2022, and a current total account balance of $182.76. See Doc.
19 at 1. Kryger has also submitted a letter in which he explains that he is having trouble
acquiring a completed prisoner trust account report from prison officials. Doc. 19-1. Kryger's
notice of appeal appears to be taken in good faith. This Court need only assess whether Kryger
can afford to pay the full filing fee. Because Kryger has insufficient funds to pay the $505.00
appellate filing fee, his motion for leave to proceed in forma pauperis on appeal. Doc. 18, is
granted.
IT IS ORDERED:
1. That Kryger's motion for leave to proceed in forma pauperis on appeal. Doc. 18, is
granted.
Dated this 6th day of February, 2023.
BY THE COURT:
1.
ATTEST:
MATTHEW W.THELEN,CLERK
iai3JLUUJL
Lhwrence L. Piersol
United States District Judge
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