Cooper v. White et al (TVV)

Filing 4

MEMORANDUM AND ORDER; the Clerk is DIRECTED to file this action without the prepayment of costs or fees or security therefor as of the date the complaint was received. The Clerk is DIRECTED to send the plaintiff a service packet for each defendant named in this action. Because the plaintiff is an inmate in the Anderson County Detention Facility, he is herewith ASSESSED the civil filing fee of $350.00. The Clerk is DIRECTED to send a copy of this Memorandum and Order to the Sheriff of Anderson County, Tennessee, and the county attorney for Anderson County, Tennessee, to ensure that the custodian of the 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 further DIRECTED to forward a copy of this Memorandum and Order to the Court's financial deputy. Signed by District Judge Thomas A Varlan on 4/9/12. (c/m as directed and service packets)(ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

RALPH BYRD COOPER, JR. #29758,
Plaintiff,
v.

No.:

3:12-cv-76
(VARLAN/SHIRLEY)

PAUL WHITE,
AVERY JOHNSON,
CHARLES TOWNSEND, and
ADVANCED CORRECTIONAL HEALTH CARE,
Defendants.

MEMORANDUM AND ORDER
The Court is in receipt of a pro se prisoner's civil rights complaint under 42 U.S.C.
§ 1983 and an application to proceed in forma pauperis. It appears from the application that
the plaintiff lacks sufficient financial resources to pay the $350.00 filing fee. Accordingly,
pursuant to 28 U.S.C. § 1915, the Clerk is DIRECTED to file this action without the
prepayment of costs or fees or security therefor as of the date the complaint was received.
The Clerk is DIRECTED to send the plaintiff a service packet (a blank summons and
USM 285 form) for each defendant named in this action. The plaintiff is ORDERED to
complete the service packets and return them to the Clerk's Office within twenty (20) days
of the date of receipt of this Memorandum and 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. The plaintiff is forewarned that failure to return the completed service packets within
the time required could jeopardize his prosecution of this action.
Defendants shall answer or otherwise respond to the complaint within twenty (20)
days from the date of service. Defendants' failure to timely respond to the complaint may
result in entry of judgment by default against defendants.
Plaintiff is ORDERED to inform the Court, and the defendants or their counsel of
record, immediately of any address changes. Failure to provide a correct address to this
Court within ten (10) days following any change of address will result in the dismissal of this
action.
Because the plaintiff is an inmate in the Anderson County Detention Facility, he is
herewith 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, 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 the plaintiff's inmate

trust account; or
(b)

twenty percent (20%) of the average monthly balance in the 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 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
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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 to the
Sheriff of Anderson County, Tennessee, and the county attorney for Anderson County,
Tennessee, to ensure that the custodian of the 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 further DIRECTED to forward a copy of this Memorandum and Order to the Court's
financial deputy.

ENTER:

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

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