Chapman v. Correctional Medical Services et al

Filing 23

ORDER DENYING LEAVE TO APPEAL IN FORMA PAUPERIS AND ASSESSING ENTIRE APPELLATE FILING FEE. Signed by Judge James D. Todd on 9/25/2014. (Todd, James). (order copy mailed to warden and trust fund officer as instructed -skp)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
CHRIS CHAPMAN,
Plaintiff,
VS.
CORRECTIONAL MEDICAL
SERVICES, ET AL.,
Defendants.

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No. 14-1011-JDT-egb

ORDER DENYING LEAVE TO APPEAL IN FORMA PAUPERIS
AND ASSESSING ENTIRE APPELLATE FILING FEE

On August 1, 2014, Plaintiff Chris Chapman, Tennessee Department of Correction
prisoner number 212223, an inmate at the Northwest Correctional Complex (“NWCX”) in
Tiptonville, Tennessee, filed notice of appeal from the Court’s orders dismissing this case
and denying reconsideration. (ECF No. 19.) However, the notice of appeal was not
accompanied by an updated application to proceed in forma pauperis and a current certified
copy of Plaintiff’s trust account statement for the last six months, as required by 28 U.S.C.
§ 1915(a)(2).
The Court issued an order on August 5, 2014, directing Plaintiff to submit the required
information or pay the entire $505 filing fee within 30 days. (ECF No. 20.) Plaintiff was
warned that if he failed to comply with the order in a timely manner, the Court would “assess

the entire filing fee without regard to the installment payment procedures and . . . notify the
Court of Appeals, who may dismiss the appeal for failure to prosecute . . . .” (Id. at 3.)
Plaintiff has not complied with the August 5, 2014 order, and the time for compliance
has expired.1 Therefore, the motion for leave to appeal in forma pauperis is DENIED.
Notwithstanding the denial of pauper status, the Court is still required to assess the
civil filing fee, since the responsibility for paying the filing fee accrues at the time the
complaint is filed. McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997), partially
overruled on other grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013).
It is ORDERED that the trust fund officer at Plaintiff’s prison shall withdraw from
Plaintiff’s trust fund account the sum of $505 and forward that amount to the Clerk of this
Court. If the funds in Plaintiff’s account are insufficient to pay the full amount of the civil
filing fee, the prison official is instructed to withdraw all of the funds in Plaintiff’s account
and forward them to the Clerk. On each occasion that funds are subsequently credited to
Plaintiff’s account, the prison official shall immediately withdraw those funds and forward
them to the Clerk, until the civil filing fee is paid in full. The trust fund officer is not
required to remit any balance less than $10, unless that amount would constitute the final
installment of the civil filing fee, provided that any balance under $10 is held in custody for

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Plaintiff appears to have submitted his motion to proceed in forma pauperis and trust account statement to
the Court of Appeals. By letter dated September 4, 2014, the Case Manager for his appeal advised Plaintiff that he
must file his motion and trust account statement in this Court rather than in the Court of Appeals. (ECF No. 22.)
However, Plaintiff has not done so.

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purposes of paying the civil filing fee in this action and is promptly remitted to the Clerk
when sufficient funds are deposited into Plaintiff’s account to bring the balance to $10.
Each time that the trust fund officer makes a payment to the Court as required by this
order, he shall print a copy of the prisoner’s account statement showing all activity in the
account since the last payment under this order and file it with the Clerk along with the
payment. All payments and account statements shall be sent to:
Clerk, United States District Court, Western District of Tennessee
111 S. Highland Ave., Room 262, Jackson, TN 38301
and shall clearly identify Plaintiff’s name and the case number as it appears on the first page
of this order. If Plaintiff is transferred to a different prison or released, he is ORDERED to
notify the Court immediately of his change of address. If still confined, he shall provide the
officials at the new prison with a copy of this order.
The Clerk is ORDERED to mail a copy of this order to the prison official in charge
of prison trust fund accounts at the Plaintiff’s prison. The Clerk is further ORDERED to
forward a copy of this order to the Warden of the NWCX to ensure that the custodian of
Plaintiff’s inmate trust account complies with this directive.
The Clerk shall also notify the Sixth Circuit of the entry of this order.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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