Careathers v. Booth et al

Filing 7

MEMORANDUM & ORDER. It appears from the motion for leave to proceed in forma pauperis and supporting documents #6 that Plaintiff lacks sufficient financial resources to pay the filing fee. Accordingly, pursuant to 28 U.S.C. 1915, this motion #1 is GRANTED. Because Plaintiff is an inmate in the Hamilton County Detention Center, he is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff's inmate trust account is DIRECTED to submit payments as set forth. Plaintiff is ORDERED to complete the service packets and return them to the Clerk's Office within twenty days of receipt of this Order. Signed by District Judge Travis R. McDonough on 8/2/22. (c/m Grady J Careathers 127772 SILVERDALE HAMILTON COUNTY DETENTION CENTER P O BOX 23148 CHATTANOOGA, TN 37422 with service packet and Sheriff of Hamilton County)(ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
GRADY J. CAREATHERS,
Plaintiff,
v.
OFFICER BOOTH and
OFFICER CARSON,
Defendants.

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Case No. 1:22-cv-146
Judge Travis R. McDonough
Magistrate Judge Susan K. Lee

MEMORANDUM & ORDER
The Court is in receipt of a pro se prisoner’s complaint for violation of 42 U.S.C. § 1983
(Doc. 2) and a motion for leave to proceed in forma pauperis (Doc. 1).
It appears from the motion for leave to proceed in forma pauperis and supporting
documents (Doc. 6) that Plaintiff lacks sufficient financial resources to pay the filing fee.
Accordingly, pursuant to 28 U.S.C. § 1915, this motion (Doc. 1) is GRANTED.
Because Plaintiff is an inmate in the Hamilton County Detention Center, he is
ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff’s inmate trust account is
DIRECTED to submit to the Clerk, U.S. District Court, 900 Georgia Avenue, Chattanooga,
Tennessee 37402, as an initial partial payment, whichever is the greater of: (a) twenty percent of
the average monthly deposits to Plaintiff’s inmate trust account; or (b) twenty percent of the
average monthly balance in his inmate trust account for the six-month period preceding the filing
of the complaint. 28 U.S.C. § 1915(b) (1) (A) and (B). Thereafter, the custodian of Plaintiff’s
inmate trust account is directed to submit twenty percent of Plaintiff’s preceding monthly income

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(or income credited to Plaintiff’s 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 is DIRECTED to send a copy of this Memorandum and Order to the Sheriff
of Hamilton County to ensure that the custodian of Plaintiff’s inmate trust account complies with
that portion of the Prison Litigation Reform Act relating to payment of the filing fee. The Clerk
is also DIRECTED to forward a copy of this Memorandum and Order to the Court’s financial
deputy.
The Clerk is DIRECTED to send Plaintiff service packets (a blank summons and USM
285 form) for Defendants Booth and Carson. Plaintiff is ORDERED to complete the service
packets and return them to the Clerk’s Office within twenty days of receipt of this Order. At that
time, the summonses will be signed and sealed by the Clerk and forwarded to the U.S. Marshal
for service. Fed. R. Civ. P. 4. Service on Defendants shall be made pursuant to Rule 4(e) of the
Federal Rules of Civil Procedure and Rule 4.04(1) and (10) of the Tennessee Rules of Civil
Procedure, either by mail or personally if mail service is not effective. Plaintiff is forewarned
that if he fails to timely return the completed service packets, this action will be dismissed.
Defendants shall answer or otherwise respond to the complaint within twenty-one days
from the date of service. If any Defendant fails to timely respond to the complaint, it may result
in entry of judgment by default against him.
Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel
of record of any address changes in writing. Pursuant to Local Rule 83.13, it is the duty of a pro
se party to promptly notify the Clerk and the other parties to the proceedings of any change in his
or her address, to monitor the progress of the case, and to prosecute or defend the action

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diligently. E.D. Tenn. L.R. 83.13. Failure to provide a correct address to this Court within
fourteen days of any change in address may result in the dismissal of this action.
SO ORDERED.
/s/Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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