Taylor v. Cunningham, No. 3:2022cv00096 - Document 9 (E.D. Tenn. 2022)
Court Description: MEMORANDUM OPINION. The Court GRANTS Plaintiff's motion for extension of time to submit his trust fund account form 4 and motion for leave to proceed in forma pauperis 6 . Plaintiff is ASSESSED the civil filing fee of � 36;350.00. The custodian of Plaintiffs inmate trust account is DIRECTED to submit the filing fee to the Clerk in the manner set forth. Judgment Order to follow. Signed by District Judge Katherine A. Crytzer on 4/26/22. (c/m Terrence Montrel Taylor 00425107 RIVERBEND MAXIMUM SECURITY INSTITUTION 7475 COCKRILL BEND BOULEVARD NASHVILLE, TN 37209-1048 and custodian of inmate accounts) (ADA)
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Taylor v. Cunningham Doc. 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE TERRENCE MONTREL TAYLOR, Plaintiff, v. JOHN CUNNINGHAM, Defendant. ) ) ) ) ) ) ) ) ) No. 3:22-CV-96-KAC-DCP MEMORANDUM OPINION Plaintiff, a prisoner of the Tennessee Department of Correction incarcerated in Riverbend Maximum Security Institution (“RMSI”), filed (1) a pro se complaint under 42 U.S.C. § 1983 arising out of various incidents during his RMSI confinement [Doc. 1], (2) a motion for extension of time to submit his inmate trust account form [Doc. 4], (3) a motion to appoint counsel [Doc. 5], (4) a motion for leave to proceed in forma pauperis [Doc. 6], and (5) two motions to transfer this case to the United States District Court for the Middle District of Tennessee, Nashville Division [Docs. 7, 8]. For the reasons set forth below, the Court GRANTS Plaintiff’s motion for extension of time [Doc. 4], motion for leave to proceed in forma pauperis [Doc. 6], and motions to transfer venue [Docs. 7, 8]. The Court TRANSFERS this action to the Nashville Division of the United States District Court for the Middle District of Tennessee, which is the proper venue for Plaintiff’s claims and the proper Court to address Plaintiff’s pending motion to appoint counsel [Doc. 5]. I. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS For good cause shown therein, the Court GRANTS Plaintiff’s motion for an extension of time to submit his inmate trust account form [Doc. 4]. And it appears from Plaintiff’s later-filed motion for leave to proceed in forma pauperis [Doc. 6], which includes his inmate trust account Case 3:22-cv-00096-KAC-DCP Document 9 Filed 04/26/22 Page 1 of 4 PageID #: 26 Dockets.Justia.com information, that he is unable to pay the filing fee in this case. Accordingly, the Court grants Plaintiff’s motion for lease to proceed in forma pauperis [Doc. 6] as well. Because Plaintiff is an inmate of RMSI, he will be 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, 800 Main Street, Knoxville, Tennessee 37902, 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 shall 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 ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2). To ensure compliance with this procedure, the Clerk will be DIRECTED to provide a copy of this memorandum opinion to the custodian of inmate accounts at the institution where Plaintiff is now confined and 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. II. MOTIONS TO TRANSFER VENUE As set forth above, Plaintiff’s complaint raises claims arising out of various incidents during his confinement in RMSI [Doc. 1]. The general venue statute for federal district courts provides in relevant part: A civil action may be brought in— (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; 2 Case 3:22-cv-00096-KAC-DCP Document 9 Filed 04/26/22 Page 2 of 4 PageID #: 27 (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. 28 U.S.C.A. § 1391(b)(1)-(3). RMSI is in Davidson County, Tennessee, which lies within the Nashville Division of the United States District Court for the Middle District of Tennessee. See 28 U.S.C. § 123(b)(1); https://www.tnmd.uscourts.gov/divisions-court. The Court therefore agrees with Plaintiff that the proper venue for this case is the Nashville Division of the Middle District of Tennessee [See Docs 7, 8]. See also O’Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972) (finding that venue in a suit against a public official lies in the district where he performs his official duties). “[I]n the interest of justice,” a federal district court may “transfer [a civil action] to any district or division in which it could have been brought.” 28 U.S.C. § 1406(a). Accordingly, the Court GRANTS Plaintiff’s motions to transfer venue [Docs. 7, 8]. The Court DIRECTS the Clerk to transfer this action to the Nashville Division of the Middle District of Tennessee and close this Court’s file. III. CONCLUSION For the reasons set forth above: 1. The Court GRANTS Plaintiff’s motion for extension of time to submit his trust fund account form [Doc. 4] and motion for leave to proceed in forma pauperis [Doc. 6]; 2. Plaintiff is ASSESSED the civil filing fee of $350.00; 3. The custodian of Plaintiff’s inmate trust account is DIRECTED to submit the filing fee to the Clerk in the manner set forth above; 3 Case 3:22-cv-00096-KAC-DCP Document 9 Filed 04/26/22 Page 3 of 4 PageID #: 28 4. The Clerk is DIRECTED to provide a copy of this Memorandum Opinion to the custodian of inmate accounts at the institution where Plaintiff is now confined and the Court’s financial deputy; 5. The Court GRANTS Plaintiff’s motions to transfer venue [Docs. 7, 8]; and 6. The Court DIRECTS the Clerk to transfer this action to the Nashville Division of the Middle District of Tennessee and close this Court’s file. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. ENTER: s/ Katherine A. Crytzer KATHERINE A. CRYTZER United States District Judge 4 Case 3:22-cv-00096-KAC-DCP Document 9 Filed 04/26/22 Page 4 of 4 PageID #: 29
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