Reed v. Core Civic/M.D.C.D.F et al

Filing 4

ORDER: For the reasons explained in the memorandum entered contemporaneously herewith, the Court finds that the complaint fails to state a § 1983 claim upon which relief can be granted against any Defendant. Accordingly, this action is hereby D ISMISSED as to all Defendants. Signed by District Judge Aleta A. Trauger on 5/31/2017. (xc:Pro se party by regular mail, xc: Custodian, Trust Fund Account ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CHARLES W. REED,
No. 88172,

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Plaintiff,
v.
CORE CIVIC, et al.,
Defendants.

No. 3:17-cv-00823
Judge Trauger

ORDER
Plaintiff Charles W. Reed, an inmate of the Metro-Davidson County Detention Facility in
Nashville, Tennessee, filed this pro se action under 42 U.S.C. § 1983 against Core
Civic/M.D.C.D.F., Warden T. Thomsa, Assistant Warden J. Rychen, Assistant Warden J. Corlew,
Chief Security F. Perry, and Chief Unit Manager D. King, alleging violations of the Plaintiffs’ civil
rights. (Docket No. 1).
The Plaintiff also submitted 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

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in installments. Accordingly, the Plaintiff is hereby assessed the full $350 filing fee, to be paid as
follows:
(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 or she 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. Acceptable forms
of payment by pro se plaintiffs are cash, money order, cashier’s check or credit card payment.
The Clerk of Court is DIRECTED send a copy of this order to the administrator of inmate
trust fund accounts at the Metro-Davidson County Detention Facility 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
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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.
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, the Court
finds that the complaint fails to state a § 1983 claim upon which relief can be granted against any
Defendant. Accordingly, this action is hereby DISMISSED as to all Defendants. 28 U.S.C. §
1915A.
Because an appeal would NOT be taken in good faith, the Plaintiff is NOT certified to
pursue an appeal from this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).
This Order constitutes the judgment in this case.
It is so ORDERED.

Aleta A. Trauger
United States District Judge

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