Ethan Joshua Charles Robertson v. Jamira Devlin, South Dakota Department of...

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

ETHAN JOSHUA CHARLES 4:26-CV-04008-KES ROBERTSON, Plaintiff, ORDER REQUIRING PLAINTIFF TO vs. FILE A CERTIFIED PRISONER TRUST ACCOUNT REPORT JAMIRA DEVLIN, South Dakota Department of Corrections; and TABATHA BENTING, Warden, South Dakota Department of Corrections, Defendants.

Plaintiff, Ethan Joshua Charles Robertson, an inmate at the South Dakota State Penitentiary, filed a pro se civil rights lawsuit under 42 U.S.C. § 1983. Docket 1. Robertson filed a motion for leave to proceed in forma pauperis and included a prisoner trust account report. Dockets 2, 3. But his prisoner trust account report was not completed and certified; it did not state his average monthly deposits and average monthly balance for the last six months and was not signed by an authorized official at Robertson’s institution.

See Docket 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. § 1915(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, 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 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.

Robertson has not submitted a completed and certified prisoner trust account report. See Docket 3. This court cannot evaluate Robertson’s motion for leave to proceed in forma pauperis without a certified and completed prisoner trust account report that states his average monthly deposits and average monthly balance for the last six months. Robertson must submit a completed prisoner trust account report or, in the alternative, pay the full $405 civil complaint filing fee by February 16, 2026. Failure to comply will result in dismissal without prejudice of Robertson’s complaint for failure to prosecute.

Thus, it is ORDERED: 1. That the Clerk of Court will send Robertson a prisoner trust account report.

2. That Robertson must return the completed prisoner trust account report or pay the full $405 civil complaint filing fee by February 16, 2026. If Robertson fails to comply with this order, his complaint will be dismissed without prejudice for failure to prosecute.

Dated January 16, 2026.

BY THE COURT: /s/ Karen E. Schreier KAREN E. SCHREIER UNITED STATES DISTRICT JUDGE