Rhoden v. State of Tennessee

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS 8 6 2 . Signed by Chief Judge J. Daniel Breen on 1/27/16. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
RICHARD CASEY RHODEN,
Plaintiff,
v.

No. 15-1304

STATE OF TENNESSEE,
Defendant.
_____________________________________________________________________________
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DENYING PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS
_____________________________________________________________________________
The Plaintiff, Richard Casey Rhoden, initiated a pro se action in the Circuit Court of
Chester County, Tennessee, and then, on December 14, 2015, removed it to this Court. (Docket
Entry ("D.E.") 1.) He also applied to the Court for leave to proceed in forma pauperis. (D.E. 2.)
On December 18, 2015, the Court directed him to file a properly completed in forma pauperis
affidavit or pay the civil filing fee. (D.E. 5.) Rhoden again sought prepayment of fees, using the
Court's official form, on December 21, 2015. (D.E. 6.) In a report and recommendation entered
on January 5, 2016, United States Magistrate Judge Edward G. Bryant recommended that the
application for leave to proceed in forma pauperis be denied. (D.E. 8.) In his report, Judge
Bryant found that Rhoden's December 21, 2015, filing failed to provide sufficient financial
information and, therefore, Plaintiff had not satisfied his burden of establishing that he was unable
to pay the civil filing fee. (Id.)
As no objections have been filed and upon review of the docket, the report and
recommendation is hereby ADOPTED and the motion is DENIED. This order terminates D.E. 2

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and D.E. 6.
IT IS SO ORDERED this 27th day of January 2016.
s/ J. DANIEL BREEN
CHIEF UNITED STATES DISTRICT JUDGE

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