Stewart v. Cambell
ORDER: Application 2 is GRANTED. The Clerk will file the Complaint in forma pauperis. Amando Stewart is hereby ASSESSED the civil filing fee of $350.00. The defendant resides in or around Johnson County. The Plaintiff's claim arose at th e Northeast Correctional Complex, which is in Johnson County. Johnson County lies within the Eastern District of Tennessee, 28 U.S.C. § 123 (a)(2), thus, venue for this action properly belongs in that judicial district. The Clerk is directed to TRANSFER this case to the United States District Court for the Eastern District of Tennessee, Northeastern Division at Greenville, Tennessee. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/18/17. (xc:Pro se party and Warden by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
CHIEF JUDGE CRENSHAW
Amando Stewart is an inmate at the Northeast Correctional Complex in Mountain City,
Tennessee. He has filed pro se a prisoner Complaint (Doc. No. 1) under 42 U.S.C. § 1983 and an
Application (Doc. No. 2) to proceed in forma pauperis.
It appears from the Application that the Plaintiff lacks sufficient financial resources from
which to pay the fee required to file the Complaint. Therefore, the Application is GRANTED. The
Clerk will file the Complaint in forma pauperis. 28 U.S.C. § 1915(a). However, process shall NOT
issue at this time.
The Plaintiff is hereby 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).
The Plaintiff brings this action against Ms. Campbell, a nurse at the Northeast Correctional
Complex, challenging conditions of his confinement. More specifically, he alleges that the defendant
was deliberately indifference to his serious medical needs when she gave him the wrong medication.
Doc. No. 1 at 5.
Venue for the instant case is governed by 28 U.S.C. § 1391(b). That provision requires that
this action be brought only in (1) a judicial district where any defendant resides, if all defendants
reside in the same State, (2) a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, or a substantial part of property that is the subject of the action is
situated, or (3) a judicial district in which the defendants are subject to personal jurisdiction at the
time that the action is commenced, if there is no district in which the action may otherwise be
The defendant resides in or around Johnson County. The Plaintiff’s claim arose at the
Northeast Correctional Complex, which is in Johnson County. Johnson County lies within the
Eastern District of Tennessee, 28 U.S.C. § 123(a)(2), thus, venue for this action properly belongs
in that judicial district.
Accordingly, the Clerk is directed to TRANSFER this case to the United States District
Court for the Eastern District of Tennessee, Northeastern Division at Greenville, Tennessee. 28
U.S.C. § 1406(a). The Clerk is further instructed to forward a copy of this Order to the Warden of
the Northeast Correctional Complex to ensure that the custodian of inmate accounts complies with
the requirements of the Prison Litigation Reform Act.
IT IS SO ORDERED.
WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE
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