Ball v. Hamilton County Sheriff et al

Filing 4

MEMORANDUM: Accordingly, the Court presumes that plaintiff is not a pauper and hereby ASSESSES him the full filing fee. The Clerk is DIRECTED to send a copy of this Memorandum and Order and accompanying Judgment to the Sheriff of the Hamilton County, Tennessee to ensure that the custodian of the plaintiff's inmate trust account at the facility complies with that portion of the Prison Litigation Reform Act relating to payment of the filing fee. The Clerk is further DIREC TED to forward a copy of the Memorandum and accompanying Judgment Order to the court's financial deputy. Because of the plaintiff's failure to comply with the orders of the Court and to prosecute his case, this lawsuit will be DISMISSED WITHOUT PREJUDICE. Signed by District Judge Curtis L Collier on 5/15/2015. (See Accompanying Judgment & Order)(Copy sent Financial Division in Knoxville, plaintiff and Hamilton Count Sheriff's Dept ) (DJH, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

CHARLES EUGENE BALL,
Plaintiff,
v.
HAMILTON COUNTY SHERIFF,
STATE OF TENNESSEE,
Defendants.

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No.:

1:14-CV-00346

MEMORANDUM
On February 6, 2015, a deficiency order was entered in this pro se prisoner’s civil
rights case, filed under 42 U.S.C. § 1983 (Court File No. 3). In the deficiency order,
plaintiff was notified that, unless within thirty (30) days of that date, he paid the full
filing fee or submitted the necessary documentation to support his pending motion for
leave to proceed in forma pauperis, the Court would dismiss his lawsuit for failure to
prosecute and to comply with the orders of the court and would assess the filing fee.
Plaintiff has not responded to this order or otherwise communicated with the Court.
Accordingly, the Court presumes that plaintiff is not a pauper and hereby
ASSESSES him the full filing fee. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th
Cir. 1997) (instructing that “[i]f the prisoner does not comply with the district court's
directions, the district court must presume that the prisoner is not a pauper and assess the
inmate the full amount of fees”), overruled on other grounds by Jones v. Bock, 549 U.S.
199 (2007).

Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B), the custodian of plaintiff's inmate
trust account at Hamilton County Jail is directed to submit to the Clerk, U.S. District
Court, 800 Market Street, Suite 130, Knoxville, Tennessee 37902, as an initial partial
payment, whichever is greater of:
(a)

twenty percent (20%) of the average monthly deposits to plaintiff's inmate

trust account; or
(b)

twenty percent (20%) of the average monthly balance in plaintiff's inmate

trust account for the six-month period preceding the filing of the complaint.
Thereafter, the custodian shall submit twenty percent (20%) of plaintiff's
preceding monthly income (or income credited to the plaintiff's trust account for the
preceding month), but only when such monthly income exceeds ten dollars ($10.00),
until the full filing fee of three hundred fifty dollars ($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 is DIRECTED to send a copy of this Memorandum and Order and
accompanying Judgment to the Sheriff of the Hamilton County, Tennessee to ensure that
the custodian of the plaintiff's inmate trust account at that facility complies with that
portion of the Prison Litigation Reform Act relating to payment of the filing fee. The
Clerk is further DIRECTED to forward a copy of the Memorandum and accompanying
Judgment Order to the court's financial deputy.
Because of the plaintiff’s failure to comply with the orders of the Court and to
prosecute his case, this lawsuit will be DISMISSED WITHOUT PREJUDICE. Fed. R.
Civ. P. 41(b).
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Finally, the Court CERTIFIES that any appeal from this action would not be
taken in good faith and would be totally frivolous. See Rule 24 of the Federal Rules of
Appellate Procedure.

/s/_______________________________
CURTIS L. COLLIER
UNITED STATES DISTRICT JUDGE

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