Raines v. Mitchell et al

Filing 4

ORDER: Clerk will File the complaint in forma pauperis. Plaintiff is assessed the civil filing fee of $350.00. Custodian of plaintiff's inmate trust account at the institution where he resides is directed to submit to the Clerk of Court an initial partial payment according to the terms outlined in this order. As provided in the accompanying memorandum, the complaint is DISMISSED as frivolous. Because an appeal from the judgment rendered herein would NOT be taken in good faith, the plaintiff is NOT certified to pursue an appeal in forma pauperis. Entry of this Order shall constitute the judgment in this action. Signed by District Judge Aleta A. Trauger on 11/20/09. (xc: pltf & Sheriff of Davidson County by reg. & cert. mail)(dt)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION RUDY C. RAINES, Plaintiff, v. FOOD SERVICE DIRECTOR MATTHEW MITCHELL, ET AL., Defendant. ) ) ) ) ) ) ) ) ) ) ORDER The Court has before it a pro se prisoner complaint brought under 42 U.S.C. § 1983. The plaintiff, a prisoner in the Criminal Justice Center (CJC) in Nashville, has submitted an application to proceed in forma pauperis. It appears from the plaintiff's application that he cannot afford to pay the filing fee. Therefore, the Clerk will FILE the complaint in forma pauperis. 28 U.S.C. §§ 1915(a), (b)(4). The plaintiff is herewith assessed the civil filing fee of three hundred fifty dollars ($350.00). Pursuant to 28 U.S.C. §§ 1915(b)(1)(A) and (B), the custodian of the plaintiff's inmate trust fund account at the institution where he now resides is directed to submit to the Clerk of Court, as an initial payment, whichever is greater: (a) twenty percent (20%) of the average monthly deposits to the plaintiff's inmate trust fund account; or (b) twenty percent (20%) of the average monthly balance in the plaintiff's inmate trust fund account for the prior six (6) months. Thereafter, the custodian shall submit twenty percent (20%) of the plaintiff's preceding monthly income, or income credited to the plaintiff's inmate trust fund account for the preceding month, but

No. 3:09-1103 Judge Trauger

only when his monthly income exceeds ten dollars ($10.00). 28 U.S.C. § 1915(b)(2). Payments shall continue until the $350.00 filing fee has been paid in full to the Clerk of Court. Id. As provided in the accompanying memorandum, the complaint is DISMISSED as frivolous. 28 U.S.C. §§ 1915(e)(2)(B)(i); 1915A(b)(1). Because an appeal from the judgment rendered herein would NOT be taken in good faith, the plaintiff is NOT certified to pursue an appeal in forma pauperis. 28 U.S.C. § 1915(a)(3). Nevertheless, should the plaintiff file a notice of appeal, he either must pay the Clerk of Court the full four hundred fifty-five dollar ($455.00) appellate filing fee, or submit a new application to proceed in forma pauperis with a certified copy of his inmate trust account statement for the six (6) month period preceding the filing of his notice of appeal. 28 U.S.C. §§ 1915(a)(1)-(a)(2). The Clerk is DIRECTED to send a copy of this Order to the Sheriff of Davidson County to ensure that the custodian of the plaintiff's inmate trust fund account complies with the portion of the Prison Litigation Reform Act that pertains to the payment of filing fees. Should the plaintiff be transferred from his present place of confinement, the custodian of his inmate trust fund account shall ensure that a copy of this Order follows the plaintiff to his new place of confinement. All payments made pursuant to this Order shall be forwarded to the Clerk of Court for the Middle District of Tennessee. Entry of this Order shall constitute the judgment in this action. It is so ORDERED.

Aleta A. Trauger United States District Judge

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