Simmons v. Mayberry-Buckner Enterprises, LLC et al
ORDER : In accordance with the Memorandum Opinion contemporaneously entered, the Complaint fails to state a claim upon which relief can be granted at this time. Consequently, this action is hereby DISMISSED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/16/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
GARIEON J. SIMMONS
MAYBERRY-BUCKNER ENTERPRISES, )
LLC, et al.
CHIEF JUDGE CRENSHAW
The Court has before it a pro se prisoner Complaint (Doc. No. 1) under 42 U.S.C. § 1983 and
an Application to proceed in forma pauperis (Doc. No. 2).
It appears from the Application that the Plaintiff lacks sufficient financial resources from
which to pay the fee required to file the Complaint. Accordingly, Plaintiff’s Application is
GRANTED. The Clerk will file the Complaint in forma pauperis. 28 U.S.C. § 1915(a).
Plaintiff is herewith ASSESSED the civil filing fee of $350.00. Pursuant to 28 U.S.C. §
1915(b)(1)(A) and (B), the custodian of the Plaintiff's inmate trust account at the institution where
he now resides is directed to submit to the Clerk of Court, as an initial partial payment, whichever
is greater of:
(a) twenty percent (20%) of the average monthly deposits to the Plaintiff's inmate trust
(b) twenty percent (20%) of the average monthly balance in the Plaintiff's inmate trust
account for the prior six (6) months.
Thereafter, the custodian shall submit twenty percent (20%) of the Plaintiff's preceding
monthly income (or income credited to the Plaintiff's trust account for the preceding month), but
only when such monthly income exceeds ten dollars ($10.00), until the full filing fee of three
hundred fifty dollars ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk
of Court. 28 U.S.C. § 1915(b)(2).
In accordance with the Memorandum Opinion contemporaneously entered, the Complaint
fails to state a claim upon which relief can be granted at this time. Consequently, this action is
hereby DISMISSED. 28 U.S.C. § 1915(e)(2).
An appeal of the judgment rendered herein would not be taken in good faith. Coppedge v.
United States, 369 U.S. 438, 445-446 (1962). Therefore, the Plaintiff is NOT certified to pursue an
appeal of this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).
Nevertheless, should the Plaintiff decide to file a notice of appeal, he must either pay the
Clerk of Court the full appellate filing fee of five hundred five dollars ($505.00) or submit a new
application to proceed in forma pauperis with a certified copy of his inmate trust account statement
for the previous six month period. 28 U.S.C. § 1915(a)(1); McGore v. Wrigglesworth, 114 F.3d 601,
609 (6th Cir. 1997), abrogated on other grounds, LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir.
The Clerk is directed to send a copy of this Order to the Sheriff of Rutherford County to
ensure that the custodian of Plaintiff's inmate trust account complies with that portion of the Prison
Litigation Reform Act relating to the payment of the filing fee.
In a departure from former practice, an individual or prisoner granted pauper status
before the district court is no longer automatically entitled to pauper status on appeal. McGore,
Entry of this order shall constitute the judgment in this action.
IT IS SO ORDERED.
WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE
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