Watson v. Corrections Corporation of America et al
Filing
8
ORDER DIRECTING PLAINTIFF TO FILE A NONPRISONER IN FORMA PAUPERIS AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE. Signed by Judge J. Daniel Breen on 7/3/18. (mbm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
TIMOTHY C. WATSON,
Plaintiff,
v.
No. 1:16-cv-01251-JDB-cgc
CORRECTIONS CORPORATION OF AMERICA,
HEALTH ADMINISTRATOR ANGELA JONES,
MRC M. MANCHESTER, NURSE PEARMAN,
WARDEN TAMMY FORD, SGT. BONNER,
TDOC LIAISON CASSAGRANDE, SGT. TRUDY
POWELL, CHIEF ARDIS, IPO RONQUITA PERRY,
and ASSISTANT COMMISSIONER JASON WOODALL,
Defendants.
ORDER DIRECTING PLAINTIFF TO FILE A NONPRISONER
IN FORMA PAUPERIS AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE
On September 16, 2016, the Plaintiff, Timothy C. Watson, who at the time of filing was
imprisoned at the Whiteville Correctional Facility in Whiteville, Tennessee, filed a pro se
complaint pursuant to 42 U.S.C. § 1983 (Docket Entry (“D.E.”) 1), accompanied by a motion for
leave to proceed in forma pauperis (D.E. 2). On September 22, 2016, the Court granted Watson
leave to proceed in forma pauperis and assessed the civil filing fee pursuant to the Prison Litigation
Reform Act (“PLRA”), 28 U.S.C. §§ 1915(a)-(b).1 (D.E. 5.) On November 17, 2016, Watson
informed the Court that his address had changed, indicating that he was no longer incarcerated.
(D.E. 6.)
1
Initially, this matter was assigned to United States District Judge James D. Todd. The
case was reassigned to the undersigned on February 28, 2018, pursuant to Administrative Order
2018-09. (D.E. 7.)
According to the PLRA, a prisoner bringing a civil action must pay the filing fee required
by 28 U.S.C. § 1914(a). The statute merely provides the prisoner the opportunity to make a
“downpayment” of a partial filing fee and pay the remainder in installments. Miller v. Campbell,
108 F. Supp. 2d 960, 962 (W.D. Tenn. 2000). However, in this case, the filing fee was not paid
prior to Plaintiff’s release. Under these circumstances, the Sixth Circuit has held that, “[a]fter
release, the obligation to pay the remainder of the fees is to be determined solely on the question
of whether the released individual qualifies for pauper status.” McGore v. Wrigglesworth, 114
F.3d 601, 613 (6th Cir. 1997), partially overruled on other grounds by LaFountain v. Harry, 716
F.3d 944, 951 (6th Cir. 2013). Therefore, Watson is ORDERED to submit either the five-page
nonprisoner in forma pauperis affidavit or the entire $400 filing fee2 within thirty days of the entry
of this order. The Clerk of Court is DIRECTED to mail Plaintiff a copy of the nonprisoner in
forma pauperis affidavit form along with this order.
Failure to comply with the Court’s directive in a timely manner will result in the dismissal
of this action without further notice, pursuant to Federal Rule of Civil Procedure 41(b), for failure
to prosecute.
IT IS SO ORDERED this 3d day of July 2018.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE
2
Twenty-eight U.S.C. § 1914(a) mandates a civil filing fee of $350. In addition, § 1914(b)
requires the clerk to “collect from the parties such additional fees . . . as are prescribed by the
Judicial Conference of the United States.” 28 U.S.C. § 1914(b). The Judicial Conference has
assessed an additional administrative fee of $50 for filing any civil case, except for cases seeking
habeas corpus and cases in which the plaintiff is granted leave to proceed in forma pauperis under
28 U.S.C. § 1915. Thus, if Watson submits a nonprisoner affidavit and the Court finds that he still
qualifies for pauper status, he will not be responsible for the additional $50 fee.
2
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