Greene v. Fielder et al
Filing
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MEMORANDUM OPINION AND ORDER. Plaintiffs motion for leave to proceed in forma pauperis #1 is GRANTED. Plaintiff is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiffs inmate trust account is DIRECTED to submit the filing fee to the Clerk in the manner set forth. The Clerk is DIRECTED to TRANSFER this action to the Eastern Division of the Western District of Tennessee, and to CLOSE this Courts file. Signed by District Judge Thomas A. Varlan on 11/15/22. (c/m Jimi Greene 334695 BLEDSOE COUNTY CORRECTIONAL COMPLEX 1045 HORSEHEAD ROAD PIKEVILLE, TN 37367 and custodian of inmate accounts)(ADA) [Transferred from Tennessee Eastern on 11/17/2022.]
Case 1:22-cv-01256-SHM-tmp Document 4 Filed 11/15/22 Page 1 of 4
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
JIMI GREENE,
Plaintiff,
v.
MIKE FIELDER and
AMANDA MOORE,
Defendants.
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No.:
2:22-CV-137-TAV-CRW
MEMORANDUM OPINION AND ORDER
Plaintiff, an inmate currently housed in the Bledsoe County Correctional Complex,
has filed a complaint under 42 U.S.C. § 1983 arising out of incidents that occurred while
he was housed in the Hardin County Jail [Doc. 2], and a motion for leave to proceed in
forma pauperis [Doc. 1]. For the reasons set forth below, Plaintiff’s motion for leave to
proceed in forma pauperis [Doc. 1] will be GRANTED, and the Court will TRANSFER
this action to the Eastern Division of the United States District Court for the Western
District of Tennessee, which is the proper venue for Plaintiff’s claims.
I.
MOTION TO PROCEED IN FORMA PAUPERIS
Under the Prison Litigation Reform Act (“PLRA”), a prisoner bringing a civil action
may apply for permission to file suit without prepaying the $350.00 filing fee required by
28 U.S.C. § 1914(a). It appears from Plaintiff’s motion and supporting documents that he
is unable to pay the fee, and therefore, the motion to proceed in forma pauperis [Doc. 1]
will be GRANTED.
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Because Plaintiff is a prisoner, he will be ASSESSED the civil filing fee of $350.00.
The custodian of Plaintiff’s inmate trust account will be DIRECTED to submit to the
Clerk, U.S. District Court, 220 West Depot Street, Suite 200, Greeneville, Tennessee
37743, as an initial partial payment, whichever is the greater of: (a) twenty percent (20%)
of the average monthly deposits to Plaintiff’s inmate trust account; or (b) twenty percent
(20%) of the average monthly balance in his inmate trust account for the six-month period
preceding the filing of the complaint. 28 U.S.C. § 1915(b)(1)(A) and (B). Thereafter, the
custodian of Plaintiff’s inmate trust account shall submit twenty percent (20%) of
Plaintiff’s preceding monthly income (or income credited to Plaintiff’s trust account for
the preceding month), but only when such monthly income exceeds ten dollars ($10.00),
until the full filing fee of three hundred fifty dollars ($350.00) as authorized under
28 U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2).
To ensure compliance with this procedure, the Clerk will be DIRECTED to provide
a copy of this Order to the custodian of inmate accounts at the institution where Plaintiff is
now confined and the Court’s financial deputy. This Order shall be placed in Plaintiff’s
prison file and follow him if he is transferred to another correctional institution.
II.
VENUE
As previously noted, Plaintiff’s complaint asserts claims arising out of incidents that
occurred in the Hardin County Jail, which is located in Savannah, Tennessee [Doc. 2]. The
general venue statute for federal district courts provides in relevant part as follows:
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A civil action may be brought in—
(1) a judicial district in which any defendant resides, if all
defendants are residents of the State in which the district is
located;
(2) a judicial district in which a substantial part of the events
or omissions giving rise to the claim occurred, or a substantial
part of property that is the subject of the action is situated; or
(3) if there is no district in which an action may otherwise be
brought as provided in this section, any judicial district in
which any defendant is subject to the court’s personal
jurisdiction with respect to such action.
28 U.S.C. § 1391(b)(1)-(3). Plaintiff’s complaint alleges the denial of medical care while
housed in the Hardin County Jail, and Defendants are both employees of the Hardin County
Jail. Hardin County lies within the Eastern Division of the United States District Court for
the Western District of Tennessee. 28 U.S.C. § 123(c)(1). The Court therefore concludes
that the proper venue for this case is the Eastern Division of the United States District Court
for the Western District of Tennessee.
A federal district court may transfer a civil action to any district or division where
it could have been filed originally “in the interest of justice.” 28 U.S.C. § 1406(a).
Accordingly, the Clerk will be DIRECTED to transfer this action to the Eastern Division
of the United States District Court for the Western District of Tennessee, and to close this
Court’s file. The screening of Plaintiff’s complaint under the PLRA will be taken up by
the transferee court.
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III.
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CONCLUSION
For the reasons set forth above:
1.
Plaintiff’s motion for leave to proceed in forma pauperis [Doc. 1] is
GRANTED;
2.
Plaintiff is ASSESSED the civil filing fee of $350.00;
3.
The custodian of Plaintiff’s inmate trust account is DIRECTED to submit
the filing fee to the Clerk in the manner set forth above;
4.
The Clerk is DIRECTED to provide a copy of this Memorandum and Order
to the custodian of inmate accounts at the institution where Plaintiff is now
confined and the Court’s financial deputy; and
5.
The Clerk is DIRECTED to TRANSFER this action to the Eastern Division
of the Western District of Tennessee, and to CLOSE this Court’s file.
IT IS SO ORDERED.
s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE
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