Dennis v. Niner et al

Filing 3

MEMORANDUM AND ORDER; It appears from the application that Plaintiff lacks sufficient financial resources to pay the $350.00 filing fee and Plaintiff's motion for leave to proceed in forma pauperis 1 is GRANTED. The St ate of Tennessee is DISMISSED from this lawsuit. The Clerk is hereby DIRECTED to send Plaintiff service packets (a blank summons and USM 285 form) for Defendants Niner, Blair, and West. Plaintiff is ORDERED to complete the service packets and return them to the Clerk's Office within twenty (20) days of receipt of this Memorandum and Order. Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Because Plaintiff i s an inmate in the Morgan County Correctional Complex, 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 Plaintiff's inmate trust account is directed to submit to the Clerk, U.S. District Court, payments as set forth. Signed by District Judge Pamela L Reeves on 11/13/15. (cc Warden of the Morgan County Correctional Complex, the Commissioner of the Tennessee Department of Correction, the Attorney General for the State of Tennessee and the Court's financial deputy) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
CHARLES E. DENNIS,
Plaintiff,
v.
DOCTOR NINER, GARY BLAIR, JOSIE
WEST, and STATE OF TENNESSEE,
Defendants.

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No.:

3:15-CV-482-PLR-HBG

MEMORANDUM AND ORDER
The Court is in receipt of a pro se complaint under 42 U.S.C. § 1983 and a motion for
leave to proceed in forma pauperis. It appears from the application that Plaintiff lacks sufficient
financial resources to pay the $350.00 filing fee and Plaintiff’s motion for leave to proceed in
forma pauperis [Doc. 1] is GRANTED.
Under the Prison Litigation Reform Act (“PLRA”), district courts must screen prisoner
complaints and sua sponte dismiss those that are frivolous or malicious, fail to state a claim for
relief, or are against a defendant who is immune. See, e.g., 28 U.S.C. §§ 1915(e)(2)(B) and
1915(A); Benson v. O'Brian, 179 F.3d 1014 (6th Cir. 1999).
Responding to a perceived deluge of frivolous lawsuits, and, in particular,
frivolous prisoner suits, Congress directed the federal courts to review or “screen”
certain complaints sua sponte and to dismiss those that failed to state a claim upon
which relief could be granted, that sought monetary relief from a defendant
immune from such relief, or that were frivolous or malicious.
Id. at 1015–16 (6th Cir. 1999) (citing 28 U.S.C. §§ 1915(e)(2) and 1915A).
Plaintiff has named the State of Tennessee as a Defendant in this action [Doc. 2]. The
Eleventh Amendment bars such claims, however.

See, e.g., Lawson v. Shelby County,

Tennessee, 211 F.3d 331, 335 (6th Cir. 2000) (holding that the Eleventh Amendment barred

claims against the State of Tennessee because it “prohibits suits against a ‘state’ in federal court
whether for injunctive, declaratory or monetary relief.”) Accordingly, the State of Tennessee is
DISMISSED from this lawsuit.
The Clerk is hereby DIRECTED to send Plaintiff service packets (a blank summons and
USM 285 form) for Defendants Niner, Blair, and West. Plaintiff is ORDERED to complete the
service packets and return them to the Clerk’s Office within twenty (20) days 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. Plaintiff is forewarned that
failure to timely return the completed service packets 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. If any Defendant fails to timely respond to the complaint,
judgment by default may be entered against him or her.
Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel
of record of any address changes in writing. 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 Plaintiff is an inmate in the Morgan County Correctional Complex, 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 Plaintiff’s inmate trust account is directed to submit to the Clerk, U.S.
District Court, 800 Market Street, Suite 130, Knoxville, Tennessee 37902, twenty percent (20%)
of 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

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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 Warden
of the Morgan County Correctional Complex, the Commissioner of the Tennessee Department of
Correction, and the Attorney General for the State of Tennessee 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 further DIRECTED to forward a copy of this
Memorandum and Order to the Court’s financial deputy.
IT IS SO ORDERED.

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UNI
UNITED STATES DISTRICT JUDGE
T E
I T CT
CT
UNITED STATES DISTRICT

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