Booth v. Parker et al

Filing 6

MEMORANDUM OPINION AND ORDER. It appears from the motion for leave to proceed in forma pauperis 1 that Plaintiff lacks sufficient financial resources to pay the filing fee. Accordingly, pursuant to 28 U.S.C. § 1915, this m otion 1 is GRANTED. Because Plaintiff is an inmate in the Morgan County Correctional Complex, he is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff's inmate trust account is DIRECTED to submit payments as set forth. Signed by Chief District Judge Thomas A. Varlan on 1/14/19. (c/m to Frederick Booth 559057 MCCX MORGAN COUNTY CORRECTIONAL COMPLEX Post Office Box 2000 WARTBURG, TN 37887, custodian of inmate accounts and the Court's financial deputy) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
FREDERICK BOOTH,
Plaintiff,
v.
TONY PARKER,
MIKE PARRIS,
RUSTY HALL,
STANTON HIEDLE, and
J. GRUBBS,
Defendants.

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No.:

3:18-CV-229-TAV-HBG

MEMORANDUM OPINION AND ORDER
The Court is in receipt of a pro se prisoner’s complaint under 42 U.S.C. § 1983
[Doc. 2] and a motion for leave to proceed in forma pauperis [Doc. 1]. It appears from the
motion for leave to proceed in forma pauperis [Doc. 1] that Plaintiff lacks sufficient
financial resources to pay the filing fee. Accordingly, pursuant to 28 U.S.C. § 1915, this
motion [Doc. 1] is GRANTED.
Because Plaintiff is an inmate in the Morgan County Correctional Complex, he is
ASSESSED the civil filing fee of $350.00. 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, as an initial partial payment, whichever is the
greater of: (a) twenty percent (20%) of the average monthly deposits to Plaintiff’s inmate
trust account; or (b) twenty percent (20%) of the average monthly balance in his inmate
trust account for the six-month period preceding the filing of the complaint. 28 U.S.C. §

1915(b) (1) (A) and (B). Thereafter, the custodian of Plaintiff’s inmate trust account is
directed to submit twenty percent (20%) of Plaintiff’s preceding monthly income (or
income credited to 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. 28
U.S.C. § 1915(b)(2).
To ensure compliance with this fee-collection procedure, the Clerk is DIRECTED
to mail a copy of this memorandum and order to the custodian of inmate accounts at the
institution where Plaintiff is now confined. The Clerk is also DIRECTED to furnish a
copy of this order to the Court’s financial deputy. This order shall be placed in Plaintiff’s
prison file and follow him if he is transferred to another correctional institution.
Plaintiff is NOTIFIED that the Court WILL NOT consider any amendments
and/or supplements to the complaint or any other kind of motion for relief until after the
Court has screened the complaint pursuant to the Prisoner Reform Litigation Act, see, e.g.,
28 U.S.C. §§ 1915(e)(2)(B) and 1915(A), which the Court will do as soon as practicable.
Accordingly, the Court will automatically deny any requests to amend or supplement the
complaint and/or motions filed before the Court has completed this screening.
Plaintiff is ORDERED to immediately inform the Court and Defendants or their
counsel of record of any address changes in writing. Pursuant to Local Rule 83.13, it is the
duty of a pro se party to promptly notify the Clerk and the other parties to the proceedings
of any change in his or her address, to monitor the progress of the case, and to prosecute
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or defend the action diligently. E.D. Tenn. L.R. 83.13. Failure to provide a correct address
to this Court within fourteen days of any change in address may result in the dismissal of
this action.
ENTER:

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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