Lynch v. Berrong et al

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. 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. Because the plaintiff is an inmate in the Blount County Detention Center, 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 Blount County, Tennessee, and the county attorney for Blount Coun ty, Tennessee. The Clerk is further DIRECTED to forward a copy of this Memorandum and Order to the Court's financial deputy. (Copy mailed to Plaintiff, Sheriff of Blount County and county attorney for Blount County). (Copy provided to Court's financial deputy). (Service packet mailed to Plaintiff).Signed by Chief District Judge Thomas A Varlan on 5/22/14. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ERIC LYNCH,
Plaintiff,
v.

No.:

3:14-cv-203-TAV-HBG

JAMES BERRONG
and JOHN ADAMS,
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-one
(21) 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 in writing, 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 may result in
the dismissal of this action.
Because the plaintiff is an inmate in the Blount County Detention Center, 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),

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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 Blount County, Tennessee, and the county attorney for Blount 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
CHIEF UNITED STATES DISTRICT JUDGE

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