Spurgeon v. Monroe County Sheriff's Department/Jail (GPR), No. 3:2017cv00304 - Document 3 (E.D. Tenn. 2019)

Court Description: MEMORANDUM OPINION AND ORDER granting 2 MOTION for Leave to Proceed in forma pauperis filed by James L Spurgeon, III. Because Plaintiff is an inmate in the Morgan County Correctional Complex, he is ASSESSED the civil filing fee of $350.00. Signed by Chief District Judge Thomas A Varlan on 1/9/19. (copy mailed to James Spurgeon, III, custodian of inmate accounts at Morgan County Correctional Complex, and copy forwarded to Court's Financial Deputy) (JBR)

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Spurgeon v. Monroe County Sheriff's Department/Jail (GPR) Doc. 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE JAMES L. SPURGEON III, Plaintiff, v. MONROE COUNTY SHERIFF’S DEPARTMENT/JAIL, Defendants. ) ) ) ) ) ) ) ) ) ) No.: 3:17-cv-304-TAV-DCP MEMORANDUM OPINION AND ORDER The Court is in receipt of a pro se prisoner’s complaint under 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 [Doc. 2] 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 Morgan County Correctional Complex, he is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff’s inmate trust account will be directed to submit to the Clerk, U.S. District Court, Knoxville, Tennessee 37902, 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 ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2). Dockets.Justia.com To ensure compliance with this fee-collection procedure, the Clerk is DIRECTED to mail a copy of this order to the custodian of inmate accounts at the institution where Plaintiff is now confined. The Clerk is also DIRECTED to furnish a copy of this order to the Court’s financial deputy. This order shall be placed in Plaintiff’s prison file and follow him if he is transferred to another correctional institution. Plaintiff is NOTIFIED that the Court WILL NOT consider any amendments and/or supplements to the complaint or any other kind of motion for relief until after the Court has screened the complaint pursuant to the Prisoner Reform Litigation Act, see, e.g., 28 U.S.C. §§ 1915(e)(2)(B) and 1915(A), which the Court will do as soon as practicable. Accordingly, the Court will automatically deny any requests to amend or supplement the complaint and/or motions filed before the Court has completed this screening. Plaintiff is ORDERED to immediately inform the Court and Defendants 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 days of any change in address may result in the dismissal of this action. ENTER: s/ Thomas A. Varlan CHIEF UNITED STATES DISTRICT JUDGE 2

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