Peebles v. Williamson Co. Justice Center

Filing 4

ORDER Assessing Filing Fee ($350) for Rico L. Peebles per granting of 2 application to proceed in forma paupers. For the reasons set forth in the accompanying memorandum, the court concludes that the complaint fails to state a claim for wh ich relief can be granted, and this action is DISMISSED without 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 constitut es the judgment in this action. It is so ORDERED. Signed by District Judge Todd J. Campbell on 5/5/2015. (xc:Pro se party by regular and certified mail & Administrator of the Williamson County Justice Center 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

RICO L. PEEBLES ,

)
)
Plaintiff,
)
)
v.
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)
WILLIAMSON COUNTY JUSTICE CENTER, et al., )
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Defendants.
)

No. 3:15-cv-00504
Judge Campbell

ORDER
Plaintiff Rico Peebles has filed this pro se action under 42 U.S.C. § 1983 against the Williamson
County Justice Center, Sheriff Jeff Long and Justice Center employee Victoria Dawson. 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 Williamson County Justice Center 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 administrator of the Williamson County
Justice Center 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 administrator 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 without
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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