Odom v. Davidson County et al
ORDER Assessing Filing Fee for Jason Odom per granting of 2 IFP. In accordance with the Memorandum contemporaneously entered, the complaint fails to state a claim upon which relief can be granted at this time. Consequently, this action is hereb y DISMISSED without prejudice. Signed by District Judge Aleta A. Trauger on 9/13/2017. (xc: Pro se party & Sheriff of Davidson County by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) Modified text on 9/13/2017 (hb).
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
DAVIDSON COUNTY, et al.,
The Court has before it a pro se prisoner complaint (Docket Entry No. 1) under 42 U.S.C.
§ 1983 and an application to proceed in forma pauperis (Docket Entry 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 contemporaneously entered, the complaint fails to state
a claim upon which relief can be granted at this time. Consequently, this action is hereby
DISMISSED without prejudice. 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 Davidson 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, at
Entry of this order shall constitute the judgment in this action.
It is so ORDERED.
ENTER this 13th day of September 2017.
Aleta A. Trauger
United States District Judge
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