Parker v. Graves et al

Filing 26

ORDER granting 24 Motion for Leave to Appeal in forma pauperis: Nevertheless, as a prisoner, the Prison Litigation Reform Act of 1995 (PLRA), makes Plaintiff ultimately responsible for paying the filing fee, 28 U.S.C. § 1915 (b)(1), and he therefore is ASSESSED the full appellate filing fee of $505.00. Pursuant to 28 U.S.C. § 1915(b)(2), the custodian of Plaintiffs inmate trust account at the facility where he is imprisoned is DIRECTED to submit to the Clerk, U nited States District Court, 900 Georgia Avenue, Room 309, Chattanooga, Tennessee 37401, as an initial partial payment, whichever is the greater of: (a) twenty percent (20%) of the average monthly deposits to Plaintiffs 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 trust account custodian shall submit twen ty percent (20%) of Plaintiffs preceding monthly income, but only when such monthly income exceeds $10.00, until the full filing fee of $505.00 has been paid to the Clerks Office. 28 U.S.C. § 1915(b)(2). The Clerk is DIRECTED to m ail a copy of this Order to the Warden of the South Central Correctional Facility and to Derrick D. Schofield, Commissioner of the Tennessee Department of Correction, to ensure that the custodian of inmate trust accounts at the South Central Correcti onal Facility complies with that portion of the PLRA relating to payment of the appellate filing fee. The Clerk is further DIRECTED to forward a copy of this Memorandum and Order to the Court's financial deputy and to notify the Clerk of the Six th Circuit of entry of this Order. Finally, this Order shall be placed in Plaintiffs prison file and follow him if he is transferred to another correctional institution. Signed by District Judge Curtis L Collier on 5/19/2016. (C/O sent via mail and e-mail to Financial Deputy & Sixth Circuit & Warden of the South Central Correctional Facility) (DJH, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
at WINCHESTER
DEXTER PARKER, # 285121,
Plaintiff,
v.
STEVE GRAVES and PAM FREEMAN,
Defendants.

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No.: 4:14-CV-28-HSM-SKL

ORDER

This state prisoner has notified the Court of an appeal of the order dismissing his pro se
civil rights complaint under 42 U.S.C. § 1983, alleging unconstitutional confinement conditions,
and has filed an application for leave to proceed on appeal in forma pauperis [Docs. 23-24].
Plaintiff’s in forma pauperis application is GRANTED, 28 U.S.C. § 1915, and he is allowed to
proceed on appeal without prepayment of the filing fee [Doc. 24]. Nevertheless, as a prisoner,
the Prison Litigation Reform Act of 1995 (PLRA), makes Plaintiff ultimately responsible for
paying the filing fee, 28 U.S.C. § 1915(b)(1), and he therefore is ASSESSED the full appellate
filing fee of $505.00.
Pursuant to 28 U.S.C. § 1915(b)(2), the custodian of Plaintiff’s inmate trust account at the
facility where he is imprisoned is DIRECTED to submit to the Clerk, United States District
Court, 900 Georgia Avenue, Room 309, Chattanooga, Tennessee 37401, 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 trust account custodian shall submit twenty

percent (20%) of Plaintiff’s preceding monthly income, but only when such monthly income
exceeds $10.00, until the full filing fee of $505.00 has been paid to the Clerk’s Office. 28 U.S.C.
§ 1915(b)(2).
The Clerk is DIRECTED to mail a copy of this Order to the Warden of the South
Central Correctional Facility and to Derrick D. Schofield, Commissioner of the Tennessee
Department of Correction, to ensure that the custodian of inmate trust accounts at the South
Central Correctional Facility complies with that portion of the PLRA relating to payment of the
appellate filing fee. The Clerk is further DIRECTED to forward a copy of this Memorandum
and Order to the Court's financial deputy and to notify the Clerk of the Sixth Circuit of entry of
this Order. Finally, this Order shall be placed in Plaintiff’s prison file and follow him if he is
transferred to another correctional institution.
SO ORDERED.

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

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