Zacharias v. Teresa, No. 4:2023cv04082 - Document 8 (D.S.D. 2023)
Court Description: ORDER granting 2 Motion for Leave to Proceed in forma pauperis AND 1915A SCREENING; denying as moot 4 Motion to Appoint Counsel ; denying as moot 7 Motion to Meet in Person or for Video Call. Signed by U.S. District Judge Lawrence L. Piersol on 8/16/23. Sent to Chris Zacharias and SD State Prison via USPS. (SKK) (Main Document 8 replaced on 8/17/2023) (SKK).
Download PDF
<![CDATA[
Zacharias v. Teresa Doc. 8 Case 4:23-cv-04082-LLP Document 8 Filed 08/17/23 Page 1 of 7 PageID #: 34 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION 4:23-CV-04082-LLP CHRIS ZACHARIAS, Plaintiff, ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN vs. CHEIF WARDEN TERESA,^ SD State Penitentiary, Individual Capacity; lASON MILLS, West Hall Unit Coordimtor, SD State Penitentiary, Individual Capacity; HEALTH SERVICES STAFF,Department of Health/DOC, FORMA PAUPERIS AND 1915A SCREENING Defendants. Plaintiff, Chris Zacharias, an inmate at the South Dakota State Penitentiary, filed a pro se lawsuit under 42 U.S.C. § 1983.^Doc. l.He filed a motion to proceed in forma pauperis and provided his prisoner trust account. Docs.2 and 3. Zacharias also filed a motion to appoint counsel and a motion to meet in person or for video call. Docs.4 and 7. MOTION TO PROCEED IN FORMA PAUPERIS Under the Prison Litigation Reform Act(PLRA), a prisoner who "brings a civil action or files an appeal in forma pauperis ... shall be required to pay the full amount ofa filing fee." 28 U.S.C. § 1915(b)(1). The court may, however, accept partial payment ofthe initial filing fee where appropriate. Thus,"[w]hen an inmate seeks pauper status, the only issue is whether the ^ Zacharias names "Cheif[sic] Warden Teresa" as a defendant to the lawsuit. The Warden's name is Teresa Bittinger. The Court will refer to the Warden by her last name in this opinion. ^ Zacharias brings the action under 28 U.S.C. § 1915.Doc. 1 at 1. But the Court will consider the, case under the more appropriate 42 U.S.C. § 1983 standard because Zacharias alleges conduct by local prison employees. See Christian v. Crawford, 907 F.2d 808, 810(8th Cir. 1990). Dockets.Justia.com Case 4:23-cv-04082-LLP Document 8 Filed 08/17/23 Page 2 of 7 PageID #: 35 Case 4:23-cv-04082-LLP Document 8 Filed 08/17/23 Page 3 of 7 PageID #: 36 Case 4:23-cv-04082-LLP Document 8 Filed 08/17/23 Page 4 of 7 PageID #: 37 Case 4:23-cv-04082-LLP Document 8 Filed 08/17/23 Page 5 of 7 PageID #: 38 Case 4:23-cv-04082-LLP Document 8 Filed 08/17/23 Page 6 of 7 PageID #: 39 Case 4:23-cv-04082-LLP Document 8 Filed 08/17/23 Page 7 of 7 PageID #: 40
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
