Blanton et al v. Bedford County Sheriff Dept./Jail et al

Filing 16

ORDER: This action is hereby DISMISSED for Plaintiffs' failure to comply with Orders of this Court and failure to prosecute. Because it appears from Plaintiff Blantons IFP application that he lacks sufficient funds to pay the filing fee, h is IFP application 2 is GRANTED. The Court must nevertheless assess a $350 filing fee, which it will apportion to each Plaintiff in the amount of $175. Signed by District Judge Todd J. Campbell on 2/26/15. (xc: Pro se party by regular and certified mail. Warden for Morgan County Correctional Complex and Warden for Whiteville Correctional Facility by certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ISSAC SCOTT BLANTON, 00488034, and
BOBBY JEROME MERRELL, 00391035,
Plaintiffs,
v.
BEDFORD CO. SHERIFF DEPT., et al.,
Defendants.

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No. 3:14-cv-02302
Judge Campbell

ORDER
On November 26, 2014, Plaintiffs filed a pro se Complaint under 42 U.S.C. § 1983 alleging
unconstitutional conditions of confinement in the local jail in which they were then incarcerated.
(Docket Entry No. 1.) Neither Plaintiff paid the filing fee, and only Plaintiff Blanton submitted an
application to proceed in forma pauperis (“IFP”) as required by 28 U.S.C. § 1915(a). (Docket Entry
No. 2.) Since that time, Plaintiffs have failed to alert the Court to their change of address, failed to
respond to the Court’s Order requiring an IFP application from Plaintiff Merrell (Docket Entry No.
4), and failed to respond to the Court’s Order to show cause why this action should not be dismissed
for failure to prosecute. (Docket Entry No. 12.)
Accordingly, this action is hereby DISMISSED for Plaintiffs’ failure to comply with Orders
of this Court and failure to prosecute.
Because it appears from Plaintiff Blanton’s IFP application that he lacks sufficient funds to
pay the filing fee, his IFP application (Docket Entry No. 2) is GRANTED. The Court must
nevertheless assess a $350 filing fee, which it will apportion to each Plaintiff in the amount of $175.

See 28 U.S.C. §§ 1915(b) and 1914(a).
The Warden of Morgan County Correctional Complex in Wartburg, Tennessee, as
custodian of Plaintiff Blanton’s trust account, is DIRECTED to submit promptly to the Clerk of
Court the greater of: (a) 20% of the average monthly deposits to Plaintiff’s credit at the jail; or (b)
20% of the average monthly balance to Plaintiff’s credit for the six-month period immediately
preceding the filing of the complaint. 28 U.S.C. § 1915(b)(1). Thereafter, the custodian shall submit
20% of Plaintiff’s preceding monthly income (or income credited to Plaintiff for the preceding
month), but only when Plaintiff’s monthly income exceeds $10.00. 28 U.S.C. § 1915(b)(2).
Payments shall continue until the $175.00 outstanding balance of Plaintiff Blanton’s portion of the
filing fee has been paid in full to the Clerk of Court. 28 U.S.C. § 1915(b)(3).
The Warden of Whiteville Correctional Facility in Whiteville, Tennessee, as custodian of
Plaintiff Merrell’s trust account, is DIRECTED to submit promptly to the Clerk of Court the
greater of: (a) 20% of the average monthly deposits to Plaintiff’s credit at the jail; or (b) 20% of the
average monthly balance to Plaintiff’s credit for the six-month period immediately preceding the
filing of the complaint. 28 U.S.C. § 1915(b)(1). Thereafter, the custodian shall submit 20% of
Plaintiff’s preceding monthly income (or income credited to Plaintiff for the preceding month), but
only when Plaintiff’s monthly income exceeds $10.00. 28 U.S.C. § 1915(b)(2). Payments shall
continue until the $175.00 outstanding balance of Plaintiff Merrell’s portion of the filing fee has
been paid in full to the Clerk of Court. 28 U.S.C. § 1915(b)(3).
The Clerk of Court MUST send a copy of this Order to the Morgan County Correctional
Complex and to the Whiteville Correctional Facility to ensure compliance with that portion of 28
U.S.C. § 1915 pertaining to the payment of the filing fee. If either Plaintiff is transferred from his

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present place of confinement, his Warden must ensure that a copy of this Order follows Plaintiff to
his new place of confinement, for continued compliance herewith. All payments made pursuant to
this Order must be submitted to the Clerk of Court for the United States District Court for the
Middle District of Tennessee, 801 Broadway, Nashville, TN 37203.
Entry of this Order shall constitute the Judgment in this action.
It is so ORDERED.

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TODD J. CAMPBELL
United States District Judge

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