Kelly v. Moose et al
Filing
4
ORDER: Plaintiff's Application to Proceed in Forma Pauperis 2 is Granted. 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. Further, for the reasons set forth in the accompanying Memorandum Opinion, the court finds that the complaint fails to state a claim under 42 U.S.C. 7; 1983 for which relief may be granted. The complaint is therefore DISMISSED in its entirety. Signed by District Judge Aleta A. Trauger on 1/10/13. (xc:Pro se party by regular and certified mail. Administrator of the Montgomery County Jail by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE
DEKOTA KELLY,
Plaintiff,
v.
CPL. JAMES MOOSE and
CPT. WAYNE REYNOLDS,
Defendants.
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Case No. 3:12-cv-01339
Judge Trauger
ORDER
Plaintiff Dekota Kelly, a detainee or prisoner presently in the custody of the Montgomery County Jail
in Clarksville, Tennessee, has filed a complaint under 42 U.S.C. § 1983, purporting to allege a violation of his
constitutional rights. The complaint is before the court for an initial review pursuant to 28 U.S.C. §§
1915(e)(2)(B) and 1915A(a). Also before the court is the plaintiff’s Application to Proceed in Forma Pauperis
(ECF No. 2.)
The application (ECF No. 2) is GRANTED.
Pursuant to 28 U.S.C. § 1915(b),the plaintiff is
nonetheless assessed the $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 MUST send a copy of this order to the Administrator of the Montgomery County
Jail to ensure that the custodian of the plaintiff’s inmate trust account complies with that portion of 28 U.S.C.
§ 1915 pertaining to the payment of the filing fee. Upon the plaintiff’s transfer 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, for continued compliance herewith. All payments made pursuant to
this order must be sent to the Clerk of Court for the Middle District of Tennessee.
Further, for the reasons set forth in the accompanying Memorandum Opinion, the court finds that the
complaint fails to state a claim under 42 U.S.C. § 1983 for which relief may be granted. The complaint is
therefore DISMISSED in its entirety.
It is so ORDERED.
Aleta A. Trauger
United States District Judge
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