UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

CHARLES NEWMAN, 4:22-CV-04155-KES

Plaintiff,

vs. ORDER REQUIRING PLAINTIFF TO FILE A PRISONER TRUST ACCOUNT TOM GILCHRIST, Case Manager – Sex REPORT Offender Management Program, in his individual and official capacity; BRENNA CARLSON, Program Manager – Sex Offender Management Program, in her individual and official capacity; BRENT FLUKE, Warden of State of South Dakota State Penitentiary, in his individual and official capacity; GORDON SWANSON, South Dakota Board of Pardons and Paroles – Non- Compliance Panel, in his individual and official capacity; MYRON RAU, South Dakota - Board of Pardons and Paroles – Non Compliance Panel, in his individual and official capacity; DEBRA EILERS, Barrack Case Manager, of South Dakota – Department of Corrections, in her individual and official capacity,

Defendants.

Plaintiff, Charles Newman, an inmate at the Mike Durfee State Prison, filed a pro se civil rights lawsuit under

. Docket 1. Newman filed a motion for leave to proceed in forma pauperis, but he has not filed a prisoner trust account report. See Docket 2. Newman has also paid $350 towards his filing fee. I. Motion for Leave to Proceed In Forma Pauperis 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.”

(b)(1). The court may, however, accept partial payment of the initial filing fee where appropriate. Thus, “[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 of time under an installment plan.” Henderson v. Norris,

(8th Cir. 1997) (per curiam) (alteration in original) (quoting McGore v. Wrigglesworth,

(6th Cir. 1997)).

The initial partial filing fee that accompanies an installment plan is calculated according to

(b)(1), which requires a payment of 20 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 of the complaint or notice of appeal.

Newman has not submitted a prisoner trust account report. The total civil complaint filing fee is $402. Because litigants who are granted leave to proceed in forma pauperis do not have to pay the $52 administrative fee, they only owe $350. Thus, if Newman is granted leave to proceed in forma pauperis, his $350 payment would satisfy his entire filing fee. But this court cannot evaluate Newman’s motion for leave to proceed in forma pauperis without a completed prisoner trust account report. Newman must submit a completed prisoner trust account report or, in the alternative, pay the remaining $52 owed by February 6, 2023. Failure to comply will result in dismissal without prejudice of Newman’s complaint for failure to prosecute.

Thus, it is ORDERED: 1. That the Clerk of Court will send Newman a prisoner trust account report. 2. That Newman must return the completed prisoner trust account report or pay the remaining $52 owed by February 6, 2023. If Newman fails to comply with this order, his complaint will be dismissed without prejudice for failure to prosecute. Dated January 4, 2023.

BY THE COURT:

/s/ Karen E. Schreier KAREN E. SCHREIER UNITED STATES DISTRICT JUDGE