Humphrey-Fitts v. Duke et al

Filing 4

ORDER: For the reasons stated in the Memorandum Opinion filed herewith, the Court finds that the complaint fails to state a claim upon which relief may be granted. The complaint is therefore DISMISSED. Also pending is the plaintiff's Application to Proceed in Forma Pauperis (ECF No. 2). Because it appears from his submission that the plaintiff lacks sufficient financial resources from which to pay the full filing fee in advance, the application (ECF No. 2) is GRANTED. The Clerk of Court SHA LL send a copy of this order to the Warden of the Northwest Correctional Complex. Signed by District Judge Todd J. Campbell on 9/11/12. (xc:Pro se party by regular and certified mail; Warden of NWCC via reg mail)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

LAWSON HUMPHREY-FITTS,
Plaintiff,
v.
JENNIFER DUKE and
JUDGE DEE DAVID GAYE,
Defendants.

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Case No. 3:12-cv-877
Judge Campbell

ORDER
Plaintiff Lawson Humphrey-Fitts is a state prisoner incarcerated at the Northwest Correctional
Complex in Tiptonville, Tennessee. His pro se complaint under 42 U.S.C. § 1983 (ECF No. 1) is before the
Court for an initial review pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(a). For the reasons stated in
the Memorandum Opinion filed herewith, the Court finds that the complaint fails to state a claim upon which
relief may be granted. The complaint is therefore DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2) and
1915A(a), and McGore v. Wrigglesworth, 114 F.3d 601, 608–09 (6th Cir.1997), overruled on other grounds
by Jones v. Bock, 549 U.S. 199 (2007).
Also pending is the plaintiff’s Application to Proceed in Forma Pauperis (ECF No. 2). Because it
appears from his submission that the plaintiff lacks sufficient financial resources from which to pay the full
filing fee in advance, the application (ECF No. 2) is GRANTED.
Pursuant to 28 U.S.C. § 1915(b), the plaintiff is assessed the full $350.00 civil filing fee. 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, the greater of: (a) 20% of the average monthly deposits
to the plaintiff’s inmate trust account; or (b) 20% of the average monthly balance in the plaintiff’s inmate trust
fund account for the six-month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(b)
(1). Thereafter, the custodian shall submit 20% of the plaintiff's preceding monthly income (or income
credited to the plaintiff's trust account for the preceding month), but only when the plaintiff's monthly income
exceeds $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. 28 U.S.C. § 1915(b)(3).
The Clerk of Court SHALL send a copy of this order to the Warden of the Northwest Correctional
Complex to ensure that the custodian of the plaintiff’s inmate trust fund account complies with that portion
of 28 U.S.C. § 1915 pertaining to the payment of the filing fee. Should the plaintiff be transferred from his
present place of confinement, the custodian of his inmate trust fund account must ensure that a copy of this
order follows the plaintiff to his new place of confinement. All payments made pursuant to this order must
be forwarded to the Clerk of Court for the Middle District of Tennessee.
It is so ORDERED.

Todd Campbell
United States District Judge

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