Phillip v. Coffee County, Tennessee et al

Filing 66

ORDER granting 64 Motion for Leave to Appeal in forma pauperis. Plaintiff is ASSESSED the appellate filing fee of $505.00. Signed by Magistrate Judge Susan K Lee on 3/16/20. (CNC)Copy mailed to TN Attorney General, Custodian of Inmate Accounts at Bledsoe Co. Correctional, and the Court of Appeals. Served electronically to the Court's financial deputy. (CNC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT WINCHESTER
PHILLIP ROBERTS,
Plaintiff,
v.
COFFEE COUNTY, TENNESSEE,
JOHN CARROLL,
CHASE STRANGE, and
DAKOTA LILES,
Defendants.

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No.:

4:18-CV-4-SKL

ORDER
This is a prisoner’s civil rights action for violation of 42 U.S.C. § 1983 that was
dismissed with prejudice on January 16, 2020, after Defendants successfully moved for
summary judgment [Doc. 61]. Now before the Court is Plaintiff’s timely motion for leave to
appeal in forma pauperis from that dismissal [Doc. 64]. The inmate trust account information
[Doc. 65] establishes that Plaintiff lacks the financial wherewithal to pay the appellate filing
fee.1

Therefore, Plaintiff’s motion for leave to appeal in forma pauperis [Doc. 64] is

GRANTED.

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Plaintiff’s inmate trust account information was not initially filed with the instant motion.
Instead, Plaintiff’s counsel filed a declaration detailing his difficulty obtaining the prison’s
cooperation in obtaining the document [Doc. 64-1]. Counsel also stated: “It is my studied opinion
that, despite what the appellate clerk may say, no additional in forma pauperis application (or trust
fund statement) should even be required. That is because the Plaintiff was already found to be a
pauper. See Fed. R. App. P. 24(a)(3). As far as I have seen, no Sixth Circuit case law holds
otherwise” [Id.] (footnote omitted). Notwithstanding counsel’s studied opinion, counsel is advised
that the appellate rules provide that a party who has previously been granted in forma pauperis
(“IFP”) status need not obtain further authorization to proceed IFP on appeal unless “a statute
provides otherwise.” Fed. R. App. P. 24(a)(3). The IFP statute explicitly requires a prisoner

Accordingly, Plaintiff is ASSESSED the 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 Bledsoe County
Correctional Complex is DIRECTED to submit to the Clerk, United States District Court, 900
Georgia Avenue, Chattanooga, Tennessee 37402, twenty percent (20%) of Plaintiff’s preceding
monthly income credited to his account, but only when the amount in the account exceeds ten
dollars ($10), until the full $505.00 fee has been paid to the Clerk.
The Clerk is DIRECTED to send a copy of this Order to the custodian of inmate trust
accounts at Bledsoe County Correctional Complex and the Attorney General for the State of
Tennessee. The Clerk is further DIRECTED to forward a copy of this Order to the Court’s
financial deputy and to the Clerk of the Sixth Circuit Court of Appeals.
SO ORDERED.
ENTER:

s/fâátÇ ^A _xx

SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

seeking to appeal a judgment to submit a certified copy of his trust fund statement for the sixmonth period immediately preceding the notice of appeal. 28 U.S.C. § 1915(a)(2).
2