Anderson v. Williamson County Sheriff Department et al

Filing 4

ORDER: Plaintiff's application to proceed in forma pauperis is GRANTED. The plaintiff is herewith ASSESSED the civil filing fee of $350.00. In accordance with the Memorandum contemporaneously entered, the complaint fails to state a claim upon which relief can be granted. Consequently, this action is hereby DISMISSED. Entry of this order shall constitute the judgment in this action. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/17/13. (xc:Pro se party by regular and certified mail; Sheriff of Williamson Cty via reg mail)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

LARRY LAMONT ANDERSON
Plaintiff,

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v.
WILLIAMSON COUNTY SHERIFF’S
DEPARTMENT, et al.
Defendants.

No. 3:13-0686
Judge Trauger

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.
custodian

Pursuant
of

the

to

28

U.S.C.

plaintiff's

§

1915(b)(1)(A)

inmate

trust

and

account

(B),

the

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 complaint fails to state a claim upon which relief can be
granted. Consequently, this action is hereby DISMISSED. 28 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 Williamson 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.

____________________________
Aleta A. Trauger
United States District Judge

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