Sharp v. Schofield 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 Todd J. Campbell on 5/27/14. (xc:Pro se party by regular and certified mail; Warden of Deberry SNF 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
DAVID SHARP
Plaintiff,
v.
DERRICK SCHOFIELD, et al.
Defendants.
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No. 3:14-1186
Judge Campbell
ORDER
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 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 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 five hundred five dollars ($505) 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 F.3d 601 (6th Cir. 1997).
The Clerk is directed to send a copy of this order to the Warden of the Deberry Special
Needs Facility 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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