Searcy v. Southern Health Partners et al

Filing 8

ORDER Assessing Filing Fee ($350) for William Searcy, Jr. As provided in the accompanying memorandum, the complaint is DISMISSED for failure to state a claim on which relief may be granted under 42 U.S.C. § 1983. Because an appeal would NOT be taken in good faith, the plaintiff is NOT certified to pursue an appeal from this judgment in forma pauperis. Signed by Chief Judge Kevin H. Sharp on 10/8/2014. (xc:Pro se party by regular and certified mail & Wilson County Sheriff's Dept. by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 10/9/2014 (hb).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

WILLIAM J. SEARCY, JR.,

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Plaintiff,
v.
SOUTHERN HEALTH PARTNERS
and GILENE GARDNER,
Defendants.

No. 3:14-cv-01889
Judge Sharp

ORDER
The plaintiff (#499822), an inmate at the Wilson County Jail in Lebanon, Tennessee, brings
this pro se action under 42 U.S.C. § 1983. (Docket No. 1). The plaintiff has submitted an
application to proceed in forma pauperis. (Docket No. 3).
It appears from the plaintiff’s application that he cannot afford to pay the filing fee.
Therefore, the Clerk will FILE the complaint in forma pauperis. 28 U.S.C. §§ 1915(a), (b)(4).
The plaintiff is herewith assessed the three hundred fifty dollars ($350.00) civil filing fee.
Pursuant to 28 U.S.C. §§ 1915(b)(1)(A) and (B), the custodian of the plaintiff’s inmate trust fund
account at the institution where he now resides is directed to submit to the Clerk of Court, as an
initial payment, whichever is greater:
(a)

twenty percent (20%) of the average monthly deposits to the plaintiff’s inmate trust
fund account; or

(b)

twenty percent (20%) of the average monthly balance in the plaintiff’s inmate trust
fund account for the prior six (6) months.

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Thereafter, the custodian shall submit twenty percent (20%) of the plaintiff’s preceding monthly
income, or income credited to the plaintiff’s inmate trust fund account for the preceding month, but
only when his monthly income exceeds ten dollars ($10.00). 28 U.S.C. § 1915(b)(2). Payments
shall continue until the $350.00 filing fee has been paid in full to the Clerk of Court. Id.
Because the plaintiff is a prisoner, the court is obliged to conduct a preliminary review of
his complaint under the Prison Litigation Reform Act. 28 U.S.C. § 1915(e)(2) and § 1915A, and
42 U.S.C. § 1997e.
As provided in the accompanying memorandum, the complaint is DISMISSED for failure
to state a claim on which relief may be granted under 42 U.S.C. § 1983. 28 U.S.C. § 1915A.
Because an appeal would NOT be taken in good faith, the plaintiff is NOT certified to pursue an
appeal from this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3). Nevertheless, should the
plaintiff decide to file a notice of appeal, he either must pay the Clerk of Court the full four hundred
fifty-five dollar ($455.00) appellate filing fee, or submit an application to proceed in forma pauperis
with a certified copy of his inmate trust account statement for the previous six (6) month period.
28 U.S.C. §§ 1915(a)(1) & (a)(2).
The Clerk is DIRECTED to send a copy of this order to the custodian of inmate trust fund
accounts at the Wilson County Jail to ensure that the custodian of the plaintiff’s inmate trust fund
account complies with the portion of the Prison Litigation Reform Act that pertains to the payment
of filing fees. Should the plaintiff be transferred from his present place of confinement, the
custodian of his inmate trust fund account shall ensure that a copy of this order follows the plaintiff
to his new place of confinement. All payments made pursuant to this order shall be forwarded to
the Clerk, United States District Court, Middle District of Tennessee, 801 Broadway, Nashville, TN

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37203.
It is so ORDERED.
This is a final judgment for purposes of Rule 58 of the Federal Rules of Civil Procedure.

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Kevin H. Sharp
Chief United States District Judge

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