Collins et al v. Murray Blackwelder, et al

Filing 9

MEMORANDUM AND OPINION Signed by District Judge Harry S Mattice, Jr on 9/16/08. (JGM, )

UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF TENNESSEE A T WINCHESTER

T E R R Y COLLINS #335315, P l a in tif f , v. 4 :0 8 -c v -2 4

S H E R IF F MURRAY BLACKWELDER, e t al., D e f e n d a n ts .

M E M O R A N D U M AND ORDER

T h e court is in receipt of a pro se prisoner's civil rights complaint under 42 U.S.C. § 1 9 8 3 and an application to proceed in forma pauperis. It appears from the application that th e plaintiff lacks sufficient financial resources to pay the $350.00 filing fee. Accordingly, p u r s u a n t to 28 U.S.C. § 1915, the Clerk is DIRECTED to file this action without the p re p a ym e n t of costs or fees or security therefor as of the date the complaint was received. H o w e v e r, for the reasons stated below, process shall not issue and this action is D IS M IS S E D . P lain tiff brought this action during his confinement in the Lincoln County Jail. His c o m p la in t contains a litany of alleged constitutional violations as the result of the conditions

o f his confinement in the Lincoln County Jail. As defendants, plaintiff has named Sheriff M u rra y Blackwelder as well as numerous jail officials and employees. Plaintiff does not se e k compensatory damages, but only seeks injunctive relief as to the conditions in the jail. S h o r tly after this lawsuit was filed, plaintiff was transferred to the custody of the T e n n e ss e e Department of Correction and is currently housed at the Northwest Correctional C o m p lex in Tiptonville, Tennessee. Thus, plaintiff's claims for injunctive relief are moot. S e e Kensu v. Haigh, 87 F.3d 172, 175 (6th Cir. 1996) (a prisoner's claim for declaratory and in ju n c tiv e relief becomes moot upon his transfer to a different facility). Accordingly, b e c au s e plaintiff seeks only injunctive relief, his action will be DISMISSED as MOOT. T h e court CERTIFIES that any appeal from this action would not be taken in good faith and w o u ld be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure B e c au s e the plaintiff is in the custody of the Tennessee Department of Correction, he is herewith ASSESSED the civil filing fee of $350.00. Pursuant to 28 U.S.C. §

1 9 1 5 (b )(1 )(A ) and (B), the custodian of the plaintiff's inmate trust account at the institution w h e re he now resides is directed to submit to the Clerk, U.S. District Court, 200 S. Jefferson S t., Room 201, Winchester, Tennessee 37398, as an initial partial payment, whichever is g re a te r of: (a ) tw e n ty percent (20%) of the average monthly deposits to the plaintiff's inmate

tru st account; or

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(b )

tw e n ty percent (20%) of the average monthly balance in the plaintiff's inmate

tru st account for the six-month period preceding the filing of the complaint. T h e re a f te r, the custodian shall submit twenty percent (20%) of the plaintiff's p re c ed in g monthly income (or income credited to the plaintiff's trust account for the p re c e d in g month), but only when such monthly income exceeds ten dollars ($10.00), until th e full filing fee of three hundred fifty dollars ($350.00) as authorized under 28 U.S.C. § 1 9 1 4 (a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2). T h e Clerk is DIRECTED to send a copy of this Memorandum and Order to the W a rd e n of the Northwest Correctional Complex, the Commissioner of the Tennessee D e p a rtm e n t of Correction, and the Attorney General for the State of Tennessee to ensure that th e custodian of the plaintiff's inmate trust account complies with that portion of the Prison L itig a tio n Reform Act relating to payment of the filing fee. The Clerk is further

D I R E C T E D to forward a copy of this Memorandum and Order to the court's financial d e p u t y.

ENTER: /s/Harry S. Mattice, Jr. HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE

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