Green v. McMinn County, No. 1:2022cv00030 - Document 4 (E.D. Tenn. 2022)
Court Description: MEMORANDUM OPINION AND ORDER, It appears from the motion for leave to proceed in forma pauperis that Plaintiff lacks sufficient financial resources to pay the filing fee. Accordingly, pursuant to 28 U.S.C. § 1915, this motion 2 is GRANTED. Because Plaintiff is an inmate in the McMinn County Justice Center, he is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiffs inmate trust account is DIRECTED to submit to the Clerk payments as set forth. Pl aintiff is ORDERED to complete the service packet and return it to the Clerks Office within twenty (20) days of receipt of this Order. Signed by District Judge J. Ronnie Greer on 2/8/22. (c/m Willie P Green #115041 MCMINN COUNTY JUSTICE CENTER P O BOX 649 ATHENS, TN 37303 with service packet and Sheriff of McMinn County, Tennessee)(ADA)
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Green v. McMinn County Doc. 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA WILLIE P. GREEN, Plaintiff, v. MCMINN COUNTY, Defendant. ) ) ) ) ) ) ) ) ) No. 1:22-CV-00030-JRG-SKL MEMORANDUM OPINION AND ORDER The Court is in receipt of a pro se prisoner’s complaint for violation of 42 U.S.C. § 1983 [Doc. 1] and a motion for leave to proceed in forma pauperis [Doc. 2]. It appears from the motion for leave to proceed in forma pauperis that Plaintiff lacks sufficient financial resources to pay the filing fee. Accordingly, pursuant to 28 U.S.C. § 1915, this motion [Doc. 2] is GRANTED. Because Plaintiff is an inmate in the McMinn County Justice Center, he is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff’s inmate trust account is DIRECTED to submit to the Clerk, U.S. District Court, 900 Georgia Avenue, Chattanooga, Tennessee, 37402 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 is directed to 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 Case 1:22-cv-00030-JRG-SKL Document 4 Filed 02/08/22 Page 1 of 3 PageID #: 12 Dockets.Justia.com ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2). The Clerk is DIRECTED to send a copy of this Memorandum and Order to the Sheriff of McMinn County, Tennessee, to ensure that the custodian of Plaintiff’s inmate trust account complies with that portion of the Prison Litigation Reform Act relating to payment of the filing fee. The Clerk is also DIRECTED to forward a copy of this Memorandum and Order to the Court’s financial deputy. In his Complaint, Plaintiff alleges that he is exposed to black mold at the McMinn County Justice Center due to McMinn County’s refusal to properly clean (or allow inmates supplies to properly clean) the facility [Doc. 1]. He maintains that the living conditions have caused him breathing problems that the nurse has confirmed is worsened by the mold [Id. at 2]. Liberally construing Plaintiff’s Complaint, the Court finds he has stated a plausible conditions-ofconfinement claim against McMinn County. Therefore, the Clerk is DIRECTED to send Plaintiff a service packet (a blank summons and USM 285 form) for Defendant. Plaintiff is ORDERED to complete the service packet and return it to the Clerk’s Office within twenty (20) days of receipt of this Order. At that time, the summons will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service. Fed. R. Civ. P. 4. Plaintiff is forewarned that if he fails to timely return the completed service packet, this action will be dismissed. Defendant shall answer or otherwise respond to the Complaint within twenty-one (21) days from the date of service. If Defendant fails to timely respond to the Complaint, it may result in entry of judgment by default against it. 2 Case 1:22-cv-00030-JRG-SKL Document 4 Filed 02/08/22 Page 2 of 3 PageID #: 13 Plaintiff is ORDERED to immediately inform the Court and Defendant or its counsel of record of any address changes in writing. Pursuant to Local Rule 83.13, it is the duty of a pro se party to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. E.D. Tenn. L.R. 83.13. Failure to provide a correct address to this Court within fourteen (14) days of any change in address may result in the dismissal of this action. So ordered. ENTER: s/J. RONNIE GREER UNITED STATES DISTRICT JUDGE 3 Case 1:22-cv-00030-JRG-SKL Document 4 Filed 02/08/22 Page 3 of 3 PageID #: 14
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