Chaske Rockboy v. Charles Mix County; Randy Thaler, Officially and Individually; Derik Rolston, Officially and Individually; Jan Budavich, Officially and Individually

Summary

The United States District Court for the District of South Dakota grants Chaske Rockboy leave to proceed in forma pauperis on appeal. Because Rockboy was incarcerated when he filed his notice of appeal, the court applies the Prison Litigation Reform Act and assesses an initial partial appellate filing fee of $156.73, payable by April 15, 2026. The court directs the institution holding Rockboy to make monthly payments toward the $605 appellate filing fee.

Holdings

1. A litigant's prisoner status for purposes of the Prison Litigation Reform Act is determined when the civil action or appeal is filed; because Rockboy was incarcerated when he filed his notice of appeal, he was a prisoner for purposes of the appellate in forma pauperis determination.
2. Rockboy's motion to proceed in forma pauperis on appeal was granted because the appeal appeared to be taken in good faith and he submitted the required certified prisoner trust-account report.
3. A prisoner proceeding in forma pauperis on appeal must pay an initial partial filing fee equal to 20 percent of the greater of the average monthly deposits or average monthly balance in the prisoner's account during the applicable six-month period, unless the prisoner has no assets or means to pay.

Questions Presented

1. Whether Rockboy qualified as a prisoner for purposes of determining his eligibility to proceed in forma pauperis on appeal because he was incarcerated when he filed his notice of appeal.
2. Whether the court should grant in forma pauperis status on appeal and assess an initial partial filing fee under the Prison Litigation Reform Act.
3. Whether the initial partial appellate filing fee should be calculated as 20 percent of the greater of the prisoner's average monthly deposits or average monthly balance during the relevant six-month period.

Disposition

other