Salters v. Dickson County Jail, et al.

Filing 4

ORDER Assessing Filing Fee ($350) for Larry Salters per granting of 2 IFP. The court has reviewed the complaint pursuant to the Prison Litigation Reform Act and, for the reasons explained more fully in the memorandum entered contemporaneo usly herewith, finds that the complaint fails to state claims as to all defendants against upon which relief can be granted. 28 U.S.C. § 1915(e) (2). Accordingly, this case is DISMISSED WITH PREJUDICE. This is the final order in this action. A ny appeal of this order would not be in good faith as required by 28 U.S.C. § 1915(a)(3). It is so ORDERED. Signed by Chief Judge Kevin H. Sharp on 8/25/2016. (xc:Pro se party by regular and certified mail & Administrator of Dickson County Jail by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 8/25/2016 (hb).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LARRY SALTERS,
Plaintiff,
v.
DICKSON COUNTY JAIL, et al.,
Defendants.

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ORDER

No. 3:16-cv-02255
Chief Judge Sharp

Plaintiff Larry Salters,1 an inmate of the Dickson County Jail in Charlotte, Tennessee, brings
this pro se action under 42 U.S.C. § 1983 against the Dickson County Jail, Deputy f/n/u Neumyer
and “Nurse Karen” l/n/u, alleging violations of his civil rights. (Docket No. 1). The plaintiff has
filed an application to proceed in forma pauperis. (Docket No. 2).
Under the Prisoner Litigation Reform Act, 28 U.S.C. § 1915(a), a prisoner bringing a civil
action may be permitted to file suit without prepaying the filing fee required by 28 U.S.C. § 1914(a).
From a review of his application, the plaintiff lacks sufficient financial resources from which to pay
the full filing fee in advance. Therefore, the application (Docket No. 2) is hereby GRANTED.
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 prisonerplaintiffs 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 materials submitted by the plaintiff do not include a TOMIS or inmate number for the plaintiff.

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(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 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 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 $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 inmate
trust fund accounts at the Dickson County Jail 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.

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The court has reviewed the complaint pursuant to the Prison Litigation Reform Act and, for
the reasons explained more fully in the memorandum entered contemporaneously herewith, finds
that the complaint fails to state claims as to all defendants against upon which relief can be granted.
28 U.S.C. § 1915(e)(2). Accordingly, this case is DISMISSED WITH PREJUDICE.
This is the final order in this action. Any appeal of this order would not be in good faith as
required by 28 U.S.C. § 1915(a)(3).
It is so ORDERED.

Kevin H. Sharp
Chief United States District Judge

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