Bennett v. Westbrooks et al

Filing 7

ORDER Assessing Filing Fee ($400) for Corey Alan Bennett. The application to proceed as a pauper (ECF No. 2) is DENIED. Because the plaintiff has demonstrated through this and other filings that he is indigent, rather than granting him 30 d ays within which to submit the $400 filing fee, the court hereby DISMISSES this action for failure to submit the filing fee with the complaint. This dismissal is without prejudice to the plaintiff's ability to file a motion to alter or a mend judgment accompanied by the full $400 filing fee within 28 days of entry of this order. Signed by District Judge Aleta A. Trauger on 9/11/2015. (xc:Pro se party by regular and certified mail & Warden of RMSI 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

COREY ALAN BENNETT #509793,

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Plaintiff,
v.
BRUCE WESTBROOKS, et al.,
Defendants.

No. 3:15-cv-00854
JUDGE TRAUGER

ORDER
Plaintiff Corey Alan Bennett, an inmate confined at Riverbend Maximum Security
Institution (“RMSI”) in Nashville, Tennessee, brings yet another pro se action under 42 U.S.C. §
1983 (ECF No. 1), along with an application to proceed in forma pauperis. (ECF No. 2.) The
matter is before the court for a determination of whether the plaintiff may proceed without
prepayment of the applicable filing fee.
For the reasons set forth in the memorandum entered herewith, the plaintiff does not
credibly allege that he is in imminent danger of serious physical injury. He is therefore barred
by 28 U.S.C. § 1915(g) from proceeding in this action in forma pauperis. The application to
proceed as a pauper (ECF No. 2) is DENIED.
Because the plaintiff has demonstrated through this and other filings that he is indigent,
rather than granting him 30 days within which to submit the $400 filing fee, the court hereby
DISMISSES this action for failure to submit the filing fee with the complaint. This dismissal is
without prejudice to the plaintiff’s ability to file a motion to alter or amend judgment accompanied
by the full $400 filing fee within 28 days of entry of this order.
The plaintiff’s motion (ECF No. 3) for ruling on his motion to proceed IFP is DENIED as
moot.

Pursuant to In re Alea, 286 F.3d 378, 381 (6th Cir. 2002), the entire $400 fee is hereby
ASSESSED, as follows: 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, the greater of: (a) 20% of the average monthly deposits to the plaintiff’s inmate trust
account; or (b) 20% of the average monthly balance in the plaintiff’s inmate trust fund account
for the six-month period immediately preceding the filing of the complaint.

28 U.S.C. §

1915(b)(1). Thereafter, the trust fund officer must withdraw from the plaintiff’s account and pay
to the Clerk of this Court 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 $400 filing fee is paid in full. 28 U.S.C. §
1915(b)(2). 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 to send a copy of this order to the Warden of the
Riverbend Maximum Security Institution 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.
Entry of this order shall constitute the judgment in this action. Any appeal from this order
would not be in good faith as required by 28 U.S.C. § 1915(a)(3).
It is so ORDERED.

Aleta A. Trauger
United States District Judge
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