McFarland v. Casteel

Filing 5

ORDER: The plaintiff is herewith ASSESSED the civil filing fee of $400.00. This action is hereby DISMISSED for failure to comply with the instructions of the Court and for want of prosecution. Signed by District Judge Todd J. Campbell on 4/14/14. (xc:Pro se party by regular and certified mail; Warden of SCCC 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

PHILANDER S. McFARLAND
Plaintiff,
v.
DEBRA CASTEEL
Defendant.

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No. 3:14-cv-0975
(No. 3:14-mc-0469)
Judge Campbell

ORDER

The plaintiff, proceeding pro se, is an inmate at the South Central Correctional Center in
Clifton, Tennessee.
On February 25, 2014, an order (Docket Entry No. 2) was entered granting him thirty days
in which to submit either the full filing fee of four hundred dollars ($400) or an application to
proceed in forma pauperis. The plaintiff was forewarned that, in the event he failed to comply with
these instructions in a timely manner, the Court would presume that he is not a pauper, assess the
filing fee and order its collection from his inmate trust account, and dismiss the instant action for
want of prosecution.
The thirty day period has long since expired and the plaintiff has not yet complied with the
instructions of the Court. Accordingly, the Clerk shall file the complaint.
The plaintiff is herewith ASSESSED the civil filing fee of $400.00. 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 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 has been paid
to the Clerk of Court. 28 U.S.C. § 1915(b)(2).
This action is hereby DISMISSED for failure to comply with the instructions of the Court
and for want of prosecution. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997). The
Clerk is directed to send a copy of this order to the Warden of the South Central Correctional Center
to insure 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.
It is so ORDERED.

____________________________
Todd Campbell
United States District Judge