Barry v. Gentry

Filing 3

ORDER: Plaintiff's application to proceed in forma pauperis 2 is Granted. Plaintiff is assessed the civil filing fee of $350.00. Custodian of plaintiff's inmate trust account at the institution where he resides is directed to su bmit to the Clerk of Court an initial partial payment according to the terms outlined in this order. The plaintiff's claim arose at the prison in Johnson County. Since Johnson County lies within the Eastern District of Tennessee, 28 U.S.C.
67; 123(a)(4), venue for this action properly belongs in that judicial district. Accordingly, the Clerk is directed to TRANSFER this case to the United States District Court for the Eastern District of Tennessee, Northeastern Division at Greenville, Tennessee. Signed by District Judge Todd J. Campbell on 5/20/13. (xc:Pro se party by regular and certified mail. Warden of NECC by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)[Transferred from Tennessee Middle on 5/21/2013.]

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

TERENCE BARRY
Plaintiff,
v.
KIMBERLY GENTRY
Defendant.

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No. 3:13-0469
Judge Campbell

ORDER

The Court is in receipt of a pro se prisoner complaint (Docket Entry No. 1) under 42 U.S.C.
§ 1983 and an application to proceed in forma pauperis (Docket Entry No. 2).
The plaintiff is an inmate at the Northeast Correctional Complex in Mountain City,
Tennessee. It appears from his application that he lacks sufficient financial resources from which
to pay the filing fee. Therefore, the plaintiff’s application to proceed in forma pauperis is hereby
GRANTED. 28 U.S.C. § 1915(a). However, process shall not issue at this time.
The plaintiff is hereby ASSESSED the civil filing fee of $350.00. Pursuant to 28 U.S.C. §
1915(b)(1)(A) and (B), the custodian of the plaintiff's inmate trust account at the institution where
he now resides is directed to submit to the Clerk of Court, as an initial partial payment, whichever
is greater of:
(a) twenty percent (20%) of the average monthly deposits to the plaintiff's inmate trust
account; or
(b) twenty percent (20%) of the average monthly balance in the plaintiff's inmate trust
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account for the prior six (6) months.
Thereafter, the custodian shall submit twenty percent (20%) of the 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
of Court. 28 U.S.C. § 1915(b)(2).
The plaintiff brings this action against Kimberly Gentry, an institutional Parole Officer at
his present place of confinement, alleging that she failed in her administrative duties and, as a
consequence, he will not be released from prison as soon as he might have been otherwise.
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, the defendant resides in or around the Northeast Correctional Complex in
Johnson County. The plaintiff's claim arose at the prison in Johnson County. Since Johnson County
lies within the Eastern District of Tennessee, 28 U.S.C. § 123(a)(4), venue for this action properly
belongs in that judicial district.
Accordingly, the Clerk is directed to TRANSFER this case to the United States District
Court for the Eastern District of Tennessee, Northeastern Division at Greenville, Tennessee. 28

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U.S.C. § 1406(a). The Clerk is further instructed to send a copy of this order to the Warden of the
Northeast Correctional Complex to ensure that the custodian of the plaintiff's inmate trust account
complies with that portion of the Prison Litigation Reform Act relating to the payment of the filing
fee.
It is so ORDERED.

____________________________
Todd Campbell
United States District Judge

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