Ultimate Cakra Liberation et al v. Trinity Food Service et al
ORDER DIRECTING PLAINTIFFS TO FILE INDIVIDUAL IN FORMA PAUPERIS AFFIDAVITS AND INMATE TRUST ACCOUNT STATEMENTS. Signed by Judge James D. Todd on 10/6/17. (skc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
CHARLES ORLANDO FIELDS a/k/a
TRINITY FOOD SERVICE, ET AL.,
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
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
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE
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