Logan v. Hopkins et al

Filing 5

ORDER: The Clerk will FILE the complaint in forma pauperis. The plaintiff is herewith assessed the three hundred fifty dollars ($350.00) civil filing fee. As provided in the accompanying memorandum, the complaint is DISMISSED for failure to sta te a claim on which relief may be granted. Because an appeal would NOT be taken in good faith, the plaintiff is NOT certified to pursue an appeal from this judgment in forma pauperis. Entry of this Order shall constitute the judgment in this action. It is so ORDERED. Signed by Chief Judge Todd J. Campbell on 2/2/12. (xc:Pro se party by regular and certified mail; Sheriff of Leflore County Jail.)(tmw)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION COURTNEY R. LOGAN, ) ) ) ) ) ) ) ) ) Plaintiff, v. DAVID MARTIN HOPKINS and COUNTY OF DAVIDSON, No. 3:12-cv-00127 Judge Campbell Defendants. ORDER Plaintiff Courtney R. Logan is incarcerated at the Leflore County Jail in Greenwood, Mississippi. He brings this pro se action under 42 U.S.C. § 1983 against his former court-appointed defense attorney, David Martin Hopkins, and Davidson County, Tennessee. (Docket No. 1). The plaintiff has submitted an application to proceed in forma pauperis. (Docket No. 2). 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 three hundred fifty dollars ($350.00) civil filing fee. 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 1 (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 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. Because the plaintiff is a prisoner, the court is obliged to conduct a preliminary review of his complaint to determine whether it is frivolous, malicious, or fails to state a claim upon which relief can be granted. 28 U.S.C. § 1915A. As provided in the accompanying memorandum, the complaint is DISMISSED for failure to state a claim on which relief may be granted. 28 U.S.C. § 1915A. Because an appeal would NOT be taken in good faith, the plaintiff is NOT certified to pursue an appeal from this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3). Nevertheless, should the plaintiff decide to 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 an application to proceed in forma pauperis with a certified copy of his inmate trust account statement for the previous six (6) month period. 28 U.S.C. §§ 1915(a)(1) & (a)(2). The Clerk is DIRECTED to send a copy of this order to the Sheriff of Leflore County Jail in Greenwood, Mississippi 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 2 for the Middle District of Tennessee. Entry of this Order shall constitute the judgment in this action. It is so ORDERED. Todd J. Campbell United States District Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?