McFarland v. McFall

Filing 7

ORDER: Plaintiff's application to proceed in forma pauperis is GRANTED. The plaintiff is herewith ASSESSED the civil filing fee of $350.00. This action is hereby DISMISSED. Entry of this order shall constitute the judgment in thisaction. Signed by District Judge Kevin H. Sharp on 3/17/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

PHILANDER S. McFARLAND
Plaintiff,

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v.
BRENT R. McFALL
Defendant.

No. 3:14-cv-0738
(No.3:14-mc-0468)
Judge Sharp

O R D E R
The Court has before it a pro se prisoner complaint (Docket
Entry

No.1)

brought

pursuant

to

18

U.S.C.

§

2319

(Criminal

Infringement of a Copyright), and an application to proceed in
forma pauperis (Docket Entry No.5).
It appears from the application that the plaintiff lacks
sufficient financial resources from which to pay the fee required
to file the complaint. 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).
The plaintiff alleges that the defendant is criminally liable
for stealing some of his intellectual property. However, the
statute under which the plaintiff proceeds does not provide for a
private cause of action. As a consequence, the plaintiff has failed
to state a claim upon which relief can be granted. Accordingly,
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 five hundred five dollars ($505) or submit a new
application to proceed in forma pauperis with a certified copy of
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his inmate trust account statement for the previous six month
period. 28 U.S.C. § 1915(a)(1); McGore v. Wrigglesworth, 114 F.3d
601 (6th Cir. 1997).
The Clerk is directed to send a copy of this order to the
Warden of the South Central Correctional Center 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.

____________________________
Kevin H. Sharp
United States District Judge

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