Smith v. TN Board of Parole et al

Filing 2

ORDER: The Clerk of Court is DIRECTED to mail the plaintiff a blank application to proceed in forma pauperis, a copy of Administrative Order 93, and a blank form complaint for an action under 42 U.S.C. § 1983. If the plaintiff seeks to have th is Court consider his pleading, he MUST either pay the $400.00 filing fee in full or complete the application to proceed in forma pauperis and return the properly completed application to the Court. In addition, he MUST complete the form § ; 1983 complaint and return it at the same time. The plaintiff's submissions must be received in this court within 30 days of the date this order is entered on the docket. The submissions must include the temporary docket number assigned to t his case, No. 3:13-mc-0136. Signed by District Judge Todd J. Campbell on 11/22/13. (xc:Pro se party by regular and certified mail along w/blank ifp app, copy of AO No. 93, and copy of blank 1983 Complaint form.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

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

JAMES DOUGLAS SMITH,
Plaintiff,
v.
STATE OF TENNESSEE, BOARD OF PAROLE,
KENYA BROWN,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 3:13-mc-0136
Judge Campbell

ORDER
James Douglas Smith, a state prisoner incarcerated at the Metro-Davidson County Detention Facility
in Nashville, Tennessee, has filed a document titled “Civil Complaint” in which he alleges that he was
“interviewed for Parole” on September 24, 2013. (ECF No. 1, at 1.) He states that the recording of the
interview will reveal that he was recommended for parole on his eligibility date, but that, due to the actions
of Kenya Brown, he has not been released on parole. The plaintiff seeks both release on parole and
damages in the amount of $1,000 per day until the matter is resolved. The plaintiff’s “civil complaint” is not
the Court’s approved form § 1983 complaint for civil rights violations, and the plaintiff did not submit with his
complaint either the $350.00 filing fee plus $50.00 administrative fee, or an application to proceed in district
court without prepaying fees and costs.
A complaint may not be filed as a civil action or considered on the merits unless it is accompanied
by the appropriate fee, 28 U.S.C. § 1914(a), or by an application to proceed in forma pauperis, 28 U.S.C. §
1915(a)(1). The latter, to be considered by the court, must be signed and notarized by an appropriate prison
official as set forth in Administrative Order 93, and accompanied by a certified copy of the plaintiff’s trust fund
account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of the
complaint, obtained from the appropriate official at each prison in which the plaintiff has been confined during
that 6-month period. 28 U.S.C. § 1915(a)(2).
The Clerk of Court is DIRECTED to mail the plaintiff a blank application to proceed in forma pauperis,
a copy of Administrative Order 93, and a blank form complaint for an action under 42 U.S.C. § 1983. If the

plaintiff seeks to have this Court consider his pleading, he MUST either pay the $400.00 filing fee in full or
complete the application to proceed in forma pauperis and return the properly completed application to the
Court. In addition, he MUST complete the form § 1983 complaint and return it at the same time. The plaintiff’s
submissions must be received in this court within 30 days of the date this order is entered on the docket. The
submissions must include the temporary docket number assigned to this case, No. 3:13-mc-0136.
The plaintiff is forewarned that, should he fail to comply with the instructions of the Court within the
30-day time limit, his petition may be denied and this action dismissed for failure to comply with the
instructions of the Court and for want of prosecution. Fed. R. Civ. P. 41(b).
It is so ORDERED.

Todd Campbell
United States District Judge

-2-