Garrett v. Austin et al

Filing 4

ORDER granting 2 MOTION for Leave to Proceed In Forma Pauperis and Assessing Filing Fee for Charles M. Garrett. Having conducted the initial review of the complaint as required by 28 U.S.C. §§ 1915(e)(2) and 1915A(a), the Court f inds for the reasons stated in the Memorandum Opinion filed herewith that the complaint fails to state a claim for which relief may be granted. The complaint is therefore DISMISSED under the authority of 28 U.S.C. § 1915(e)(2)(B)(ii). It is s o ORDERED. Signed by District Judge Kevin H. Sharp on 4/30/2013. (xc:Pro se party by regular and certified mail & to the Administrator of the Montgomery County Jail by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

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

CHARLES M. GARRETT,
Plaintiff,
v.
SGT. AUSTIN, DEPUTY NEWLOVE, and
LIEUTENANT TEEMER,
Defendants.

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Case No. 3:13-cv-00344
Judge Sharp

ORDER
Plaintiff Charles M. Garrett is state inmate presently incarcerated in the Montgomery County Jail
in Clarksville, Tennessee. The plaintiff’s pro se complaint (ECF No. 1) is before the Court for an initial
review pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(a). Also pending is the plaintiff’s Application to
Proceed in Forma Pauperis (ECF No. 2).
A.

Application to Proceed as a Pauper
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 Administrator of the Montgomery
County Jail to ensure that the custodian of the plaintiff’s inmate trust fund account complies with that

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portion of 28 U.S.C. § 1915 pertaining to the payment of the filing fee. If the plaintiff is 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 for continued compliance herewith. All
payments made pursuant to this order must be forwarded to the Clerk of Court for the Middle District of
Tennessee.
B.

Initial Review of the Complaint

Having conducted the initial review of the complaint as required by 28 U.S.C. §§ 1915(e)(2) and
1915A(a), the Court finds for the reasons stated in the Memorandum Opinion filed herewith that the
complaint fails to state a claim for which relief may be granted. The complaint is therefore DISMISSED
under the authority of 28 U.S.C. § 1915(e)(2)(B)(ii).
It is so ORDERED.

Kevin H. Sharp
United States District Judge