Donald W. Sanders v. St. Louis, Missouri U.S. Attorney's Office and Federal Bureau of Prisons Inmate Trust Fund

Summary

The court grants Donald W. Sanders leave to proceed in forma pauperis and assesses an initial partial filing fee of $1.00. On screening under 28 U.S.C. § 1915(e)(2)(B), the court dismisses without prejudice his claim seeking removal of an encumbrance on his federal inmate trust account, holding that a prior criminal-case order authorized use of the funds toward restitution. The court certifies that an appeal would not be taken in good faith.

Holdings

1. The court granted Sanders leave to proceed in forma pauperis and assessed an initial partial filing fee of $1.00.
2. The complaint failed to state a plausible claim for relief because the requested encumbrance removal would conflict with a prior criminal-case order authorizing payment of restitution from Sanders's inmate trust account.
3. The complaint was dismissed without prejudice as frivolous and for failure to state a claim upon which relief may be granted.

Questions Presented

1. Whether Sanders's complaint stated a plausible claim for an order requiring the Federal Bureau of Prisons to remove the encumbrance on his inmate trust account.
2. Whether the complaint was subject to dismissal as frivolous or for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B).
3. Whether Sanders was entitled to proceed in forma pauperis and, if so, what initial partial filing fee should be assessed.

Disposition

dismissed