Franklin v. Casagrande et al
ORDER DENYING 14 MOTION TO DIRECT PRISON OFFICIALS TO PROVIDE PLAINTIFF WITH TRUST ACCOUNT STATEMENT. Plaintiff still has until March 13, 2017, in which to obtain and mail his trust account statement to the Court. If he is unable to do so, he should mail a brief confirmationto the Court by that date. Signed by Judge James D. Todd on 2/23/17. (Todd, James)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
CLETUS JOHN ROBERT FRANKLIN,
CYNTHIA CASAGRANDE, ET AL.,
ORDER DENYING MOTION TO DIRECT PRISON OFFICIALS TO PROVIDE
PLAINTIFF WITH TRUST ACCOUNT STATEMENT
The pro se prisoner Plaintiff, Cletus John Robert Franklin, who is incarcerated at the
Whiteville Correctional Facility (“WCF”) in Whiteville, Tennessee, filed a complaint
pursuant to 42 U.S.C. § 1983. (ECF No. 1.) On January 31, 2017, the Court directed
Plaintiff to submit either the entire $400 filing fee or a motion to proceed in forma pauperis
and a current inmate trust account statement within 30 days, in accordance with the Prison
Litigation Reform Act (“PLRA”), 28 U.S.C. §§ 1915(a)-(b). (ECF No. 7.) Plaintiff filed a
motion to proceed in forma pauperis in compliance with the order, but he did not include a
current copy of his trust account statement. (ECF No. 12.) Therefore, on February 9, 2017,
he was again ordered to pay the entire filing fee or submit a current trust account statement.
(ECF No. 13.) On February 21, 2017, Plaintiff filed a motion asking the Court to order
prison officials at the WCF to provide him with the required copy of his trust account
statement, stating that he has made repeated unsuccessful attempts to obtain the document.
(ECF No. 14.)
Under the PLRA, the Court is to assess the filing fee, 28 U.S.C. §§ 1915(b)(1), and
prison officials are directed to carry out that assessment. Id., § 1915(b)(2) (“The agency
having custody of the prisoner shall forward payments from the prisoner’s account to the
clerk of the court . . . until the filing fees are paid.” (Emphasis added.)); see also 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). However, it is the prisoner
plaintiff’s responsibility to submit the proper documentation to allow the fee assessment to
be made. Id., § 1915(a)(2). The PLRA does not authorize the Court to issue an order
directly to prison officials, requiring them to provide that information. Accordingly,
Plaintiff’s motion for such an order is DENIED.
Even though the Court cannot compel WCF officials to give Plaintiff the information
he needs, he will not be penalized for their failure in that regard. Cf. McGore, 114 F.3d at
607-08 (“A prisoner cannot be penalized when prison officials fail to promptly pay an
assessment.”). Plaintiff still has until March 13, 2017, in which to obtain and mail his trust
account statement to the Court. If he is unable to do so, he should mail a brief confirmation
to the Court by that date.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?