Bahtuoh v. White

Background

Christopher Dineaa Bahtuoh and Derrick DeSean Holliday are the plaintiffs. Jeffrey White and Kathryn Halverson are the defendants. The order addresses the plaintiffs’ applications to proceed without paying the full filing fee upfront, service of process, payment of filing-fee balances, and Bahtuoh’s motion for appointment of counsel. It does not decide the merits of the plaintiffs’ underlying claims.

Rulings

The court granted Bahtuoh’s and Holliday’s applications to proceed without paying the full filing fee upfront. The plaintiffs must each submit a properly completed Marshal Service Form for every defendant by June 17, 2024. The order states that failure to do so may lead the court to recommend dismissing the matter for failure to prosecute, and it specifies that such dismissal would be without prejudice.

After the forms are returned, the clerk must seek waivers of service from White and Halverson as defendants sued in their individual capacities. If either defendant fails without good cause to return a waiver within 30 days after it is mailed, the court will impose the later service expenses on that defendant. The U.S. Marshals Service must serve White and Halverson in their official capacities with the State of Minnesota.

Bahtuoh must pay an unpaid filing-fee balance of $330.84, and Holliday must pay an unpaid balance of $317.89, through the payment process specified by federal law. The clerk must notify the authorities at the institutions where the plaintiffs are confined about these requirements.

Appointment of Counsel

The court denied Bahtuoh’s motion for appointment of counsel without prejudice. First, only Bahtuoh signed the motion, even though the court had previously stated that motions taking positions on behalf of both plaintiffs had to be signed by both. Second, the court stated that it would deny the motion even if both plaintiffs had signed it. It found that the plaintiffs appeared able to articulate their claims and communicate effectively with the court, and that the matter did not appear particularly complex. The court stated that the plaintiffs may file another motion if circumstances change.

Effect of the Order

This is a procedural order. It grants the applications to proceed without paying the full fee upfront, sets requirements for service and payment of filing-fee balances, and denies Bahtuoh’s counsel motion without prejudice. It does not resolve whether the plaintiffs’ claims against the defendants are legally valid.