Ultimate Cakra Liberation et al v. Trinity Food Service et al

Filing 6


Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION CHARLES ORLANDO FIELDS a/k/a NOBLE:BUDDHA-ANGAVU:SISHYA, ET AL., Plaintiffs, VS. TRINITY FOOD SERVICE, ET AL., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. 17-1190-JDT-cgc ORDER DIRECTING PLAINTIFFS TO FILE INDIVIDUAL IN FORMA PAUPERIS AFFIDAVITS AND INMATE TRUST ACCOUNT STATEMENTS On October 4, 2017, the four prisoner Plaintiffs, Orlando Fields a/k/a Noble:buddhaangavu:sishya, Robert Birdwell, George Hamby, and Gerald Sykes,1 inmates at the Hardeman County Correctional Facility in Whiteville, Tennessee, filed a joint civil complaint accompanied by a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.) Under the Prison Litigation Reform Act (PLRA), 28 U.S.C. §§ 1915(a)-(b), a prisoner bringing a civil action must pay the filing fee required by 28 U.S.C. § 1914(a). Although the obligation to pay the fee accrues at the moment the case is filed, see McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997), partially overruled on other grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013), the PLRA provides the prisoner the opportunity to make a “down 1 The case caption also lists the “Ultimate Cakra Liberation” tribunal as a plaintiff (ECF No. 1 at 1), but the description of parties in the body of the complaint lists only the four individuals as party plaintiffs (id. at 3, ¶¶ 6-9). It is not clear that the “tribunal” is a legal entity that may sue separately, apart from the individual Plaintiffs. payment” of a partial filing fee and pay the remainder in installments. § 1915(b)(2). However, in order to take advantage of the installment procedures, a prisoner must properly complete and submit to the district court, along with the complaint, an in forma pauperis affidavit containing a current certification by the prison trust account officer and a copy of his trust account statement for the six months immediately preceding the filing of the complaint. § 1915(a)(2). In this case, the Plaintiffs have submitted only a joint in forma pauperis affidavit and none of the Plaintiffs have submitted a certified inmate trust account statement. The Court will require each Plaintiff to submit both a separate in forma pauperis affidavit using the standard form and a copy of his inmate trust account statement for the last six months. Accordingly, the Plaintiffs are each ORDERED to submit, within 30 days after the date of this order, a properly completed and executed in forma pauperis affidavit and a copy of his trust account statement for the last six months. If any Plaintiff needs additional time to file the required documents, he may request one 30-day extension of time from this Court. McGore, 114 F.3d at 605. The Clerk is directed to mail each Plaintiff a copy of the prisoner in forma pauperis affdavit form. If any Plaintiff fails to comply with this order in a timely manner, the Court will deny leave to proceed in forma pauperis and dismiss the action with regard to that Plaintiff without further notice pursuant to Federal Rule of Civil Procedure 41(b), for failure to prosecute. McGore, 114 F.3d at 605. IT IS SO ORDERED. s/ James D. Todd JAMES D. TODD UNITED STATES DISTRICT JUDGE 2

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?