White et al v. Stephens et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS 42 FOR SEVERANCE OF CLAIMS. Signed by Judge James D. Todd on 6/19/13. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE

JUDY WHITE and GARY WHITE,
Plaintiffs,
VS.
DELORES STEPHENS, et al.,
Defendants.

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No. 13-2173-JDT/tmp

ORDER ADOPTING REPORT AND RECOMMENDATION
FOR SEVERANCE OF CLAIMS

Plaintiffs filed this complaint pursuant to 42 U.S.C. § 1983 and paid the filing fee.
Magistrate Judge Tu M. Pham has issued a report, recommending that Plaintiffs’ claims be
severed [DE# 42]. Plaintiffs have not filed any objections. Therefore, the report and
recommendation of Magistrate Judge Pham is hereby ADOPTED, and Plaintiffs’ claims are
hereby SEVERED.
The clerk of the court is DIRECTED to apply the filing fee already paid to Judy
White’s case; (2) open a new civil action for Gary White’s case; (3) docket a copy of the
complaint and this order in the new case; and (4) reflect on the new case docket that Gary
White’s mailing addresses are (a) Gary L. White, BOP #26784-001, FCI Forrest City Medium, Federal Correctional Institution, P.O. Box 3000, Forrest City, Arkansas 72336, and
(b) Gary L. White, BOP #26784-001, FCI Forrest City - Low, Federal Correctional
Institution, P.O. Box 9000, Forrest City, Arkansas 72336.

Gary White is ORDERED within thirty (30) days to pay the $350.00 filing fee as
required by 28 U.S.C. § 1914(a),1 or submit an in forma pauperis affidavit and a copy of his
inmate trust account statement for the last six months. If Gary White timely submits the
proper documentation and the court finds that he is indeed indigent, the court will assess the
filing fee in accordance with the installment procedures of § 1915(b). Gary White’s
complaint will be subject to the PLRA’s screening requirement.
IT IS SO ORDERED.

s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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Twenty-eight U.S.C. § 1914(a) requires a civil filing fee of $350. However, pursuant to §
1914(b), “[t]he clerk shall collect from the parties such additional fees only as are prescribed by the Judicial
Conference of the United States.” Effective May 1, 2013, the Judicial Conference prescribed an additional
administrative fee of $50 for filing any civil case, except for cases seeking habeas corpus and cases in which the
plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. § 1915. Thus, if the Plaintiff is granted leave
to proceed in forma pauperis in accordance with the PLRA, he will not be responsible for the additional $50 fee.

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