Redwine v. Rutherford County
Filing
14
ORDER Assessing Filing Fee ($350) for Jason Lowell Redwine per granting of 2 application to proceed as a pauper. For the reasons set forth in the accompanying memorandum, the court concludes that the plaintiff fails to state a claim for w hich relief can be granted under § 1983, and this action is DISMISSED without prejudice to the plaintiff's right to reassert his claims in a petition for the writ of habeas corpus under federal law after exhaustion of his state court reme dies. Signed by District Judge Aleta A. Trauger on 5/11/2015. (xc:Pro se party by regular and certified mail & Administrator of the Rutherford County Jail 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
JASON REDWINE #218470,
Plaintiff,
v.
RUTHERFORD COUNTY,
Defendant.
)
)
)
)
)
)
)
)
)
Case No. 3:15-cv-00244
Judge Trauger
ORDER
Plaintiff Jason Redwine, an inmate incarcerated in the Rutherford County Jail in
Murfreesboro, Tennessee, filed this pro se action alleging “cruel and inhumane treatment” and
described it as “a civil litigation lawsuit.” (Docket Entry No. 1, at 1.) The court construes this to
be a complaint for violation of civil rights under 42 U.S.C. § 1983. Presently before the court is
the plaintiff’s application to proceed in forma pauperis. (Docket Entry No. 8.) In addition, the
complaint (Docket Entry No. 1) 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, and 42 U.S.C. § 1997e.
A. Application to Proceed as a Pauper
Under 28 U.S.C. § 1915(a), a prisoner bringing a civil action may be permitted to file suit
without prepaying the filing fee of $350 required by 28 U.S.C. § 1914(a). Because it is apparent
from the plaintiff’s submission that he lacks the funds to pay the entire filing fee in advance, his
application to proceed as a pauper (Docket Entry No. 2) is GRANTED.
Pursuant to 28 U.S.C. §§ 1915(b) and 1914(a), the plaintiff is nonetheless assessed the
$350.00 civil filing fee. The administrator of the Rutherford County Jail, as custodian of the
plaintiff’s prison trust account, is DIRECTED to submit to the clerk of court, as an initial
payment, the greater of: (a) 20% of the average monthly deposits to the plaintiff’s credit at the
jail; or (b) 20% of the average monthly balance to the 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 the plaintiff’s preceding monthly income (or income credited to
the plaintiff for the preceding month), but only when the plaintiff’s monthly income exceeds
$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. 28 U.S.C. § 1915(b)(3).
The clerk of court MUST send a copy of this order to the administrator of the Rutherford
County Jail to ensure compliance 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
Warden must ensure that a copy of this order follows the 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.
B. Initial Review of the Complaint
Pursuant to 28 U.S.C. § 1915(e)(2), the court is required to conduct an initial review of
any complaint filed in forma pauperis, and to dismiss the complaint if it is facially frivolous or
malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary
relief against a defendant who is immune from such relief. For the reasons set forth in the
accompanying memorandum, the court concludes that the plaintiff fails to state a claim for which
relief can be granted under § 1983, and this action is DISMISSED without prejudice to the
plaintiff’s right to reassert his claims in a petition for the writ of habeas corpus under federal law
-2-
after exhaustion of his state court remedies. 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. Any appeal
of this Order would not be in good faith as required by 28 U.S.C. § 1915(a)(3).
Entry of this order constitutes the judgment in this action.
It is so ORDERED.
Aleta A. Trauger
United States District Judge
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?