Lee v. Craft

• Court: District Court, W.D. Tennessee
• Decided: March 8, 2021
• Docket: 2:21-cv-02136
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

WENDOLYN LEE, ) ) Plaintiff, ) ) VS. ) No. 21-2136-JDT-cgc ) CHRIS CRAFT, ET AL., ) ) Defendants. )

ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND ASSESSING $350 FILING FEE IN ACCORDANCE WITH PLRA

Plaintiff Wendolyn Lee, who is incarcerated at the Shelby County Criminal Justice Center (Jail) in Memphis, Tennessee, filed a pro se civil complaint in the U.S. District Court for the Eastern District of Louisiana on Februuary 1, 2021. (ECF No. 1.) After the Clerk of that Court notified Lee of the deficiency, he also filed a motion to proceed in forma pauperis and a certification of his inmate trust account statement. (ECF No. 4.) On March 5, 2021, U.S. Magistrate Judge Donna Phillips Currault transferred the case to this district, where venue is proper. 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).1 Although the obligation to pay the fee accrues at the moment the case is filed, see McGore v. Wrigglesworth,

1 The civil filing fee is $350. See 28 U.S.C. § 1914(a). Under § 1914(b) and the Schedule of Fees set out following the statute, the Clerk also is required to collect an administrative fee of $50 for filing any civil case. However, the additional $50 fee does not apply when a plaintiff is granted leave to proceed in forma pauperis. 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 payment” of a partial filing fee and pay the remainder in installments. Id. at 604. In this case, Plaintiff now has submitted an in forma pauperis affidavit and a certification of his inmate trust account statement as required by 28 U.S.C. § 1915(a)(2). The motion to proceed in forma

pauperis is GRANTED in accordance with the terms of the PLRA, and Plaintiff is assessed the $350 filing fee. Plaintiff is ORDERED to cooperate fully with prison officials in carrying out this order. It is ORDERED that the trust account officer at Plaintiff’s prison shall calculate and submit to the Clerk of Court a partial initial filing fee equal to twenty percent (20%) of the greater of the average monthly balance in or average monthly deposits to Plaintiff’s trust account for the six months immediately preceding the completion of the affidavit. 28 U.S.C. § 1915(b)(1). It is further ORDERED that after the initial partial filing fee is fully paid, the trust account officer shall withdraw from Plaintiff’s trust account and submit to the Clerk monthly payments

equal to twenty percent (20%) of all deposits credited to Plaintiff’s account during the preceding month, but only when the amount in the account exceeds $10, until the $350 filing fee is paid. Each time the trust account officer makes a payment to the Court as required by this order, he shall submit to the Clerk along with the payment a copy of the prisoner’s account statement showing all activity in the account since the last payment under this order. All payments and account statements should be sent to: Clerk, United States District Court, Western District of Tennessee, 167 N. Main St., Rm. 242, Memphis, TN 38103

and shall clearly identify Plaintiff’s name and the case number as included on the first page of this order. If Plaintiff is transferred to a different prison or released, he is ORDERED to notify the Court immediately, in writing, of his change of address. If still confined, he shall provide the officials at the new facility with a copy of this order. If Plaintiff fails to abide by these or any other requirements of this order, the Court may impose appropriate sanctions, up to and including dismissal of this action, without any additional notice or hearing by the Court.

The Clerk shall mail a copy of this order to the official in charge of trust fund accounts at Plaintiff’s prison. The Clerk is further directed to forward a copy of this order to the Director of the Jail to ensure the custodian of Plaintiff’s inmate trust account complies with that portion of the PLRA pertaining to the payment of filing fees. IT IS SO ORDERED. s/ James D. Todd JAMES D. TODD UNITED STATES DISTRICT JUDGE