Griffin v. Fuson et al

Filing 4

MEMORANDUM OPINION. Signed by District Judge Curtis L Collier on 1/2/14. This Memorandum serviced via US Mail to Jarvina Griffin.(KFB, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at CHATTANOOGA
JARVINA GRIFFIN,

)
)
Plaintiff,
)
)
v.
)
)
)
SHERIFF JOHN S. FUSON, DEPUTY
)
WRIGHT, SGT. JANUSAS; CCU;
)
ABL FOOD SERVICES MANAGEMENT, )
CCS MEDICAL CARE,
)
)
Defendants.
)

1:13-cv-417
Judge Curtis L. Collier

MEMORANDUM
Presently before the Court is a complaint filed pursuant to 42 U.S.C. § 1983 by Plaintiff
Jarvina Griffin (“Plaintiff”) (Court File No. 1) and a motion to proceed in forma pauperis (Court File
No. 2). Plaintiff brings this action against Sheriff Fuson, Sheriff of Montgomery County, and two
members of the staff at the Montgomery County Jail, as well as companies that provide services at
the jail, alleging that conditions of her confinement are unconstitutional.
I.

IN FORMA PAUPERIS APPLICATION

Although it appears from the application to proceed in forma pauperis submitted by Plaintiff
that she lacks sufficient financial resources at the present time to pay the required filing fee of
$350.00, she is not relieved of the ultimate responsibility of paying the $350.00 filing fee (Court File
No. 2). Thus, Plaintiff's motion to proceed in forma pauperis is GRANTED IN PART and
DENIED IN PART (Court File No. 2). It is GRANTED to the extent Plaintiff is permitted to file
her complaint without prepayment of the full filing fee but DENIED to the extent that she is not
relieved of the ultimate responsibility of paying the $350.00 filing fee, as she will be assessed the

fee and required to make the payment in installments. Since Plaintiff is a prisoner in custody at
Montgomery County Jail, in Clarksville, Tennessee, she is ASSESSED the civil filing fee of
$350.00 under the Prisoner Litigation Reform Act, Pub. L. 104-134, 110 Stat. 1321, codified in 28
U.S.C. § 1915. Plaintiff shall pay the full filing fee of three-hundred and fifty dollars ($350.00)
pursuant to Prisoner Litigation Reform Act, Pub. L. 104-134, 110 Stat. 1321, codified in 28 U.S.C.
§ 1915.
Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B), the custodian of Plaintiff’s inmate trust
account at the institution where she now resides SHALL submit to the Clerk, United States District
Court, 900 Georgia Avenue, Chattanooga, TN 37402, as an initial partial payment, whichever is the
greater of
(a)

(b)
the

twenty percent (20%) of the average monthly deposits to Plaintiff's
inmate trust account; or
twenty percent (20%) of the average monthly balance in Plaintiff's
inmate trust account for the six-month period preceding the filing of
complaint.

Thereafter, the custodian SHALL submit twenty percent (20%) of Plaintiff's preceding
monthly income (or income credited to his trust account for the preceding month), but only when
such monthly income exceeds $10.00, until the full filing fee of $350.00 as authorized under 28
U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2).
The Clerk of Court is DIRECTED to send a copy of this memorandum and order to the
Warden and the Custodian of Inmate Accounts at the Montgomery County Jail, the Commissioner
of the Tennessee Department of Correction, the Attorney General for the State of Tennessee, and
the

2

Court’s Financial Deputy to ensure the custodian of Plaintiff’s inmate trust account complies with
the portion of the Prison Litigation Reform Act relating to payment of the filing fee.
The agency having custody of Plaintiff SHALL collect the filing fee as funds become
available. This order SHALL become a part of Plaintiff's file and follow her if she is transferred
to another institution. The agency having custody of Plaintiff SHALL continue to collect monthly
payments from her prisoner account until the entire filing fee of $350.00 is paid.
Plaintiff is ORDERED to provide the prison officials at any new institution with a copy of
this order. Failure of Plaintiff to notify the new prison officials of this order and outstanding debt
will result in the imposition of appropriate sanctions against her without any additional notice or
hearing by the Court.
II.

VENUE
Venue for a civil rights action is governed by 28 U.S.C. § 1391(b). That provision requires

that an action such as the instant case, be brought only in (1) a judicial district where any defendant
resides, if all defendants reside in the same state, (2) a judicial district in which a substantial part of
the events or omissions giving rise to the claim occurred, or a substantial part of the property that is
the subject of the action is situated, or (3) a judicial district in which the defendants are subject to
personal jurisdiction at the time that the action is commenced, if there is no district in which the action
may otherwise be brought. In this case, it appears the individual defendants reside in or around
Montgomery County and the companies perform services in Montgomery County. In addition,
Plaintiff’s claims arose at the jail in Montgomery County. Since Montgomery County lies within the
Middle District of Tennessee, 28 U.S.C. § 123(b)(1), venue for this action properly belongs in that
judicial district. Therefore, the case will be TRANSFERRED to the United States District Court,
Middle District of Tennessee, Nashville Division pursuant to 28 U.S.C. § 1406(a).

3

Accordingly, the Clerk will be DIRECTED to transfer this action to the United States District
Court for the Middle District of Tennessee, Nashville Division, pursuant to 28 U.S.C. § 1406(a) and
CLOSE this case.
An appropriate Order will enter.

/s/
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE

4