Hale v. United States of America, et al
Filing
9
ORDER: The Clerk will file the complaint, The pro se prisoner 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. Entry of this order shall constitute the final judgment in this case. Signed by District Judge Kevin H. Sharp on 6/12/14. (xc:Pro se party by regular and certified mail. Warden by regular 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
THOMAS DANIEL HALE
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.
Defendants.
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No. 3:14-cv-1294
(No. 3:14-mc-0649)
Judge Sharp
ORDER
On April 23, 2014, an order (Docket Entry No. 6) was entered denying the plaintiff’s
application to proceed in forma pauperis. 28 U.S.C. § 1915(g). The plaintiff was granted thirty (30)
days in which to pay the filing fee of four hundred dollars ($400). He was forewarned that, should
he fail to comply with these instructions within the specified period of time, the full amount of the
filing fee would be assessed against him and collected from his inmate trust account, and this action
would be dismissed for want of prosecution. In re Alea, 286 F.3d 378, 382 (6th Cir. 2002).
The thirty day period has expired and the plaintiff has not yet complied with the instructions
of the Court by paying the filing fee.
Accordingly, the Clerk will file the complaint, The pro se prisoner 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. Rule 41(b), Fed. R. Civ. P. The Clerk is directed to send a copy of this
order to the Warden of the West Tennessee States Penitentiary 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.
Entry of this order shall constitute the final judgment in this case.
It is so ORDERED.
____________________________
Kevin H. Sharp
United States District Judge
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