Orgain v. Tennessee Department of Corrections et al

Filing 8

**DISREGARD-DUPLICATE ORDER**ORDER dismissing case as frivolous. $350 filing fee assessed. An appeal of the judgment rendered herein would not be taken in good faith. Signed by District Judge Todd J. Campbell on 7/9/13. (xc:Pro se party by regular and certified mail & sheriff of Montgomery County by regular mail)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) Modified on 7/9/2013 (af).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

CHARLES L. ORGAIN
Plaintiff,

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v.
TENNESSEE DEPARTMENT OF
CORRECTION, et al.
Defendants.

No. 3:13-0648
Judge Campbell

O R D E R
The Court has before it a pro se prisoner complaint (Docket
Entry No.1) under 42 U.S.C. § 1983 and an application to proceed in
forma pauperis (Docket Entry No.2).
It appears from the application that the plaintiff lacks
sufficient financial resources from which to pay the $350.00 filing
fee. Accordingly, plaintiff’s application to proceed in forma
pauperis is GRANTED. 28 U.S.C. § 1915(a).
The plaintiff is herewith ASSESSED the civil filing fee of
$350.00. Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B), the
custodian

of

the

plaintiff's

inmate

trust

account

at

the

institution where he now resides is directed to submit to the Clerk
of Court, as an initial partial payment, whichever is greater of:
(a) twenty percent (20%) of the average monthly deposits to

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the plaintiff's inmate trust account; or
(b) twenty percent (20%) of the average monthly balance in the
plaintiff's inmate trust 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 trust account for the preceding month), but only when
such monthly income exceeds ten dollars ($10.00), until the full
filing fee of three hundred fifty dollars ($350.00) as authorized
under 28 U.S.C. § 1914(a) has been paid to the Clerk of Court. 28
U.S.C. § 1915(b)(2).
In accordance with the Memorandum contemporaneously entered,
the

Court

finds

Consequently,

this

that

the

action

complaint
is

hereby

is

facially

DISMISSED.

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frivolous.
U.S.C.

§

1915(e)(2).
An appeal of the judgment rendered herein would not be taken
in good faith. Coppedge v. United States, 369 U.S. 438, 445-446
(1962). Therefore, the plaintiff is NOT certified to pursue an
appeal of this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).
Nevertheless, should the plaintiff decide to file a notice of
appeal, he must either pay the Clerk of Court the full appellate
filing fee of four hundred fifty five dollars ($455.00) or submit
a new application to proceed in forma pauperis with a certified
copy of his inmate trust account statement for the previous six
month period. 28 U.S.C. § 1915(a)(1); McGore v. Wrigglesworth, 114
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F.3d 601 (6th Cir. 1997).
The Clerk is directed to send a copy of this order to the
Sheriff of Montgomery County to ensure that the custodian of
plaintiff's inmate trust account complies with that portion of the
Prison Litigation Reform Act relating to the payment of the filing
fee.
Entry of this order shall constitute the judgment in this
action.
It is so ORDERED.

____________________________
Todd Campbell
United States District Judge

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