Griffin v. Metro Nashville Police Dept. et al

Filing 4

ORDER Assessing Filing Fee ($350) for Nicholas Terrell Griffin per granting of 2 application to proceed in forma pauperis. The complaint asserts violations of the plaintiffs rights under the Fourth and Fifth Amendments to the United States Constitution, based on allegations that the plaintiff was subjected to a warrantless seizure and detention and that he underwent a custodial interrogation without being provided the warning required by Miranda v. Arizona, 384 U.S. 436 (1966). For purposes of the initial review required by the PLRA, the Court finds it apparent from the face of the complaint that the plaintiffs Fourth Amendment claims are barred by the statute of limitations. Such claims are therefore DISMISSED WITH PREJUDIC E. In addition, the complaint fails to state a claim based on the failure to provide a Miranda warning, because the plaintiff does not allege that he gave incriminating statements or that any such statements have been used against him in a crimin al proceeding. However, because the plaintiff's criminal charges remain pending, this claim is DISMISSED WITHOUT PREJUDICE. It is so ORDERED. This is the final order in this matter for purposes of Fed. R. Civ. P. 58. Signed by District Judge Todd J. Campbell on 3/3/2015. (xc:Pro se party by regular and certified mail & Administrator of the Davidson County Sheriff's Office - CJC by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

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

NICHOLAS TERRELL GRIFFIN,
Plaintiff,
v.
METRO NASHVILLE POLICE DEPT.,
DETECTIVE STEVE RAY, and
DETECTIVE ARCHIE SPAIN,
Defendants.

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No. 3:15-cv-0147
Judge Campbell

ORDER
Plaintiff Nicholas Griffin is a pretrial detainee presently in the custody of the Davidson
County Sheriff’s Office while awaiting trial. Presently before the Court is the plaintiff’s application
to proceed in forma pauperis (ECF No. 2). In addition, his complaint is before the Court for an
initial review pursuant to the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. §§ 1915(e)(2) and
1915A.
A.

Application to Proceed as a Pauper

Because it appears from his submissions that the plaintiff lacks sufficient financial
resources from which to pay the full filing fee in advance, the application (ECF No. 2) is
GRANTED.
However, under § 1915(b), the plaintiff nonetheless remains responsible for paying the
full filing fee. The obligation to pay the fee accrues at the time the case is filed, but the PLRA
provides prisoner-plaintiffs the opportunity to make a “down payment” of a partial filing fee and
to pay the remainder in installments. Accordingly, the plaintiff is hereby ASSESSED the full
$350 filing fee, to be paid as follows:
(1) 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, “20 percent of

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the greater of – (a) the average monthly deposits to the plaintiff’s account; or (b) the average
monthly balance in the plaintiff’s account for the 6-month period immediately preceding the filing
of the complaint.” 28 U.S.C. § 1915(b)(1).
(2) After the initial filing fee is fully paid, the trust-fund officer must withdraw from the
plaintiff’s account and pay to the Clerk monthly payments equal to 20% of all deposits credited
to the plaintiff’s account during the preceding month, but only when the amount in the account
exceeds $10. Such payments must continue until the entire $350 filing fee is paid in full. 28
U.S.C. § 1915(b)(2).
(3) Each time the trust account officer makes a payment to this Court as required by this
order, he must print a copy of the prisoner’s account statement showing all activity in the
account since the last payment made in accordance with this order and submit it to the Clerk
along with the payment. All submissions to the Court must clearly identify the plaintiff’s name
and the case number as indicated on the first page of this order, and must be mailed to: Clerk,
United States District Court, Middle District of Tennessee, 801 Broadway, Nashville, TN 37203.
The Clerk of Court is DIRECTED send a copy of this order to the Administrator of the
Davidson County Sheriff’s Office – Criminal Justice Center to ensure that the custodian of the
plaintiff’s inmate trust account complies with that portion of 28 U.S.C. § 1915 pertaining to the
payment of the filing fee. If the plaintiff is transferred from his present place of confinement, the
custodian of his inmate trust-fund account MUST ensure that a copy of this order follows the
plaintiff to his new place of confinement for continued compliance with this order.
B.

Dismissal of the Complaint

The complaint asserts violations of the plaintiff’s rights under the Fourth and Fifth
Amendments to the United States Constitution, based on allegations that the plaintiff was
subjected to a warrantless seizure and detention and that he underwent a custodial
interrogation without being provided the warning required by Miranda v. Arizona, 384 U.S. 436

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(1966). For purposes of the initial review required by the PLRA, the Court finds it apparent from
the face of the complaint that the plaintiff’s Fourth Amendment claims are barred by the statute
of limitations. Such claims are therefore DISMISSED WITH PREJUDICE. In addition, the
complaint fails to state a claim based on the failure to provide a Miranda warning, because the
plaintiff does not allege that he gave incriminating statements or that any such statements have
been used against him in a criminal proceeding. However, because the plaintiff’s criminal
charges remain pending, this claim is DISMISSED WITHOUT PREJUDICE.
It is so ORDERED.
This is the final order in this matter for purposes of Fed. R. Civ. P. 58.

TODD CAMPBELL
United States District Judge