Moore v. Memphis Police Dept. et al

Filing 87

ORDER TO MODIFY THE DOCKET AND DENYING REQUEST TO SET ASIDE FEE ASSESSMENTS. Signed by Judge James D. Todd on 10/18/17. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
WILLE ERVIN MOORE,
Plaintiff,
VS.
CITY OF MEMPHIS, ET AL.,
Defendants.

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No. 11-2251-JDT-tmp

ORDER TO MODIFY THE DOCKET AND
DENYING REQUEST TO SET ASIDE FEE ASSESSMENTS

The pro se prisoner Plaintiff, Willie Ervin Moore a/k/a William Ervin Moore a/k/a
Willie Ervin Minter a/k/a Julian Franklin Carter, who is currently incarcerated at the
Northwest Correctional Complex1 in Tiptonville, Tennessee, has sent the Court several letters
complaining about the amount of money that is being deducted from his inmate trust account
to pay the civil and appellate filing fees that have been assessed in the various civil cases he
previously filed. (ECF Nos. 83, 84, 85 & 86.) In his latest letter, received and docketed on
October 3, 2017, he threatens to kill himself after Halloween on October 31, 2017, because
it is “too much too [sic] bear” and he “can’t take this any more.” (ECF No. 86.) He
apologizes for his prior lawsuits (id.) and states that everything in his trust account is being

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(See ECF No. 86-2 at 2-10; ECF No. 86-3.) The Clerk is directed to MODIFY the
docket to reflect Plaintiff’s change of address and to send a copy of this order to him at that new
address.

taken to pay the filing fees (ECF No. 86-1). As of August 23, 2017, Plaintiff still owed the
Court $805. (See ECF No. 86-2 at 1.)
Notwithstanding Plaintiff’s threats to kill himself, his request for relief from the filing
fees is DENIED. Plaintiff’s predicament is due entirely to his own actions. Since 1995, he
has filed at least twelve civil cases in this district plus two appeals, three or more of which
were dismissed as frivolous or for failure to state a claim, making him a three-strike filer
pursuant to 28 U.S.C. § 1915(g). Furthermore, Plaintiff’s expressed remorse over filing
those prior actions does not ring true, as he just recently filed two additional civil cases,
Moore v. Martin, et al., No. 17-2632-SHL-dkv (W.D. Tenn. filed Aug. 29, 2017), and Moore
v. Wood, No. 17-2560-SHL-dkv (W.D. Tenn. filed Aug. 4, 2017). No fees have yet been
assessed in those new cases.
Plaintiff has also made numerous requests for copies of documents that he filed or
attempted to file in this case. (see ECF Nos. 64, 71, 76, 77, 78, 79, 80 & 81.) He makes
another such request in his latest document. (ECF No. 86-1.) However, Plaintiff is not
entitled to free copies. The Clerk has informed Plaintiff that the cost of copies is 50¢ per
page and must be paid in advance. (ECF Nos. 65, 76-1); see also Carter v. Edward, No. 122806-JDT-tmp (W.D. Tenn. Feb. 8, 2013) (ECF Nos. 11 & 12). Therefore, the request for
free copies is also DENIED.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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