Simmons v. Hurst

Filing 5

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 defendant J. Hurst. The plaintiff is ORDERED to complete the service packet and return it to the Clerk's Office within 20 days of the date of receipt of this Memorandum and Order. Because the plaintiff is an inmate in the Knox County Detention Facility, he is herewith ASSESSED the civil filing fee of $350.00, to be paid as set forth.Signed by District Judge Pamela L Reeves on 5/6/14. (c/m, cc Sheriff, Knox County Law Director, and Court's financial deputy) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

LAVONTE DOMINIQUE SIMMONS,
Plaintiff,
v.

No.:

3:14-cv-72-PLR-CCS

J. HURST,
Defendant.

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 defendant J. Hurst. The plaintiff is ORDERED to complete the service
packet and return it to the Clerk's Office within twenty (20) days of the date of receipt of this
Memorandum and Order. At that time the summons 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 packet within the time required could jeopardize
his prosecution of this action.
Defendant Hurst shall answer or otherwise respond to the complaint within
twenty-one (21) days from the date of service. Defendant's failure to timely respond to the
complaint may result in entry of judgment by default against defendant Hurst.
Plaintiff is ORDERED to inform the Court in writing, and the defendant or his
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 may result in the dismissal
of this action.
Because the plaintiff is an inmate in the Knox 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

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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 to the
Sheriff of Knox County, Tennessee, and the Knox County Law Director 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:

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