Brinkley v. Wetherford 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 su bmit to the Clerk of Court an initial partial payment according to the terms outlined in this order. The court finds for the reasons stated in the Memorandum Opinion filed herewith that the complaint fails to state a colorable claim under § 1 983 for which relief may be granted. The complaint is therefore DISMISSED WITH PREJUDICE in its entirety. Signed by District Judge Aleta A. Trauger on 5/21/13. (xc:Pro se party by regular and certified mail. Administrator of Sumner County Jail.)(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
NASHVILLE DIVISION

DEWEY LAMONT BRINKLEY,

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Plaintiff,
v.
SONNY WETHERFORD et al.,
Defendants.

No. 3:13-cv-0429
Judge Trauger

ORDER
Plaintiff Dewey Lamont Brinkley filed this pro se civil rights action under 42 U.S.C. § 1983. Presently
before the court is the plaintiff’s application to proceed in forma pauperis (ECF No. 2). In addition, the plaintiff’s
complaint is before the court for an initial review pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A.
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 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 must 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 must 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 Sumner 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. 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 submitted 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 colorable claim under § 1983 for which relief may be granted. The complaint is therefore
DISMISSED WITH PREJUDICE in its entirety. 28 U.S.C. §§ 1915(e)(2)(b)(ii), 1915A(b).
It is so ORDERED.

Aleta A. Trauger
United States District Judge