Bowley v. Fuson et al
Filing
4
ORDER Assessing Filing Fee ($350) for Woodard Bowley per granting of 2 application to proceed in forma pauperis. For the reasons set forth in the accompanying memorandum, the court concludes that the complaint fails to state a claim for w hich relief can be granted, and this action is DISMISSED with prejudice. 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. Signed by District Judge Todd J. Campbell on 4/2/2015. (xc:Pro se party by regular and certified mail & Warden of Montgomery Count 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
WOODARD BOWLEY #28050,
Plaintiff,
v.
SHERIFF JOHN FUSON, et al.,
Defendants.
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No. 3:15-cv-00307
Judge Campbell
ORDER
Plaintiff Woodard Bowley has filed this pro se action under 42 U.S.C. § 1983 against the Montgomery
County Sheriff John Fuson and the Montgomery County Jail. Presently before the Court is Plaintiff's
application to proceed in forma pauperis. (Docket Entry No. 2.) In addition, his 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 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), Plaintiff is nonetheless assessed the $350.00 civil
filing fee. The custodian of Plaintiff's trust-fund account at the Montgomery County Jail 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 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 the 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 $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 Warden of the Montgomery County Jail to
ensure compliance with that portion of 28 U.S.C. § 1915 pertaining to the payment of the filing fee. If Plaintiff
is transferred from his present place of confinement, the 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.
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
complaint fails to state a claim for which relief can be granted, and this action is DISMISSED with prejudice.
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.
Todd Campbell
United States District Judge
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