Rowan v. Bureau of Tenn. Care et al

Filing 5

ORDER DISMISSING CASE WITHOUT PREJUDICE AND ASSESSING CIVIL FILING FEE. Signed by Judge James D. Todd on 5/15/15. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
BRENT A. ROWAN,
Plaintiff,
VS.
BUREAU OF TENNCARE, ET AL.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 15-2174-JDT-dkv

ORDER DISMISSING CASE WITHOUT PREJUDICE
AND ASSESSING CIVIL FILING FEE

On March 5, 2015, Plaintiff, Brent A. Rowan, booking number 15102052, a pretrial detainee
at the Shelby County Criminal Justice Complex (“Jail”) in Memphis, Tennessee, filed a pro se
complaint pursuant to 42 U.S.C. § 1983, accompanied by a motion seeking leave to proceed in forma
pauperis. (ECF Nos. 1 & 2.) Because Plaintiff is a “three strike” filer and the case does not come
within the exception to 28 U.S.C. § 1915(g), the Court issued an order on April 8, 2015, denying
leave to proceed in forma pauperis and directing Plaintiff to pay the $400 civil filing fee within 28
days. (ECF No. 4.) The order further stated that “[f]ailure to do so will result in the dismissal of
this action for failure to prosecute.” (Id. at 3.)
To date, Plaintiff has not paid the civil filing fee, and the time within which to do so has
expired. Therefore, this case is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure.
Notwithstanding the dismissal of this action, the Court is still required to assess the civil
filing fee, since the responsibility for paying the filing fee accrues at the time a complaint is filed.

McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997), partially overruled on other grounds
by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013); cf. In re Alea, 286 F.3d 378, 381-82 (6th
Cir. 2002) (dismissal of civil action filed by prisoner pursuant to 28 U.S.C. § 1915(g) did not obviate
the obligation to pay the filing fee).
Pursuant to 28 U.S.C. § 1915(b)(1), it is ORDERED that Plaintiff cooperate fully with prison
officials in carrying out this order. It is further ORDERED that the trust fund officer at Plaintiff’s
prison shall withdraw from Plaintiff's trust fund account the sum of $400 and forward that amount
to the Clerk of this Court. If the funds in Plaintiff’s account are insufficient to pay the full amount
of the civil filing fee, the prison official is instructed to withdraw all of the funds in Plaintiff’s
account and forward them to the Clerk of Court. On each occasion that funds are subsequently
credited to Plaintiff’s account, the prison official shall immediately withdraw those funds and
forward them to the Clerk of Court, until the civil filing fee is paid in full. The trust fund officer is
not required to remit any balance less than $10, unless that amount would constitute the final
installment of the civil filing fee, provided that any balance under $10 is held in custody for
purposes of paying the civil filing fee in this action and is promptly remitted to the Clerk when
sufficient funds are deposited into Plaintiff’s account to bring the balance to $10.
Each time that the trust fund officer makes a payment to the Court as required by this order,
he shall print a copy of the prisoner’s account statement showing all activity in the account since the
last payment under this order and file it with the Clerk along with the payment. All payments and
account statements shall be sent to:
Clerk, United States District Court,Western District of Tennessee
167 N. Main, Room 242, Memphis, TN 38103
and shall clearly identify Plaintiff’s name and the case number on the first page of this order.
2

If Plaintiff is transferred to a different prison or released, he is ORDERED to notify the Court
immediately of his change of address. If still confined, he shall provide the officials at the new
prison with a copy of this order.
The Clerk shall mail a copy of this order to the prison official in charge of prison trust fund
accounts at the Jail. The Clerk is further ORDERED to forward a copy of this order to the Jail
Director to ensure that the custodian of Plaintiff’s inmate trust account complies with that portion
of the PLRA pertaining to the payment of filing fees.
The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

3