Lineberryv.Alexandria

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE EASTERN DIVISIONJul 10, 2019
No. 19-1135-JDT-cgc (W.D. Tenn. Jul. 10, 2019)

No. 19-1135-JDT-cgc

07-10-2019

RODNEY C. LINEBERRY, Plaintiff, v. JOHNNY ALEXANDRIA, ET AL. Defendants.


ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28 U.S.C. § 1915(a)(2) OR PAY THE $400 CIVIL FILING FEE

On July 3, 2019, Plaintiff Rodney C. Lineberry, who is incarcerated at the Hardin County Jail in Savannah, Tennessee, filed a pro se complaint pursuant to 42 U.S.C. § 1983 and a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.)

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). Although the obligation to pay the fee accrues at the moment the case is filed, see McGore v. Wrigglesworth, 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. § 1915(b)(2). However, in order to take advantage of the installment procedures, the prisoner must properly complete and submit to the district court, along with the complaint, an in forma pauperis affidavit and a certified copy of his trust account statement for the six months immediately preceding the filing of the complaint. Id. § 1915(a)(2).

In this case, the affidavit submitted by Plaintiff is not accompanied by a certified copy of his trust account statement. Accordingly, Plaintiff is ORDERED to submit, within 30 days after the date of this order, either the entire $400 civil filing fee or a certified copy of his trust account statement for the last six months. If Plaintiff needs additional time to file the required document, he may request one 30-day extension of time from this Court. McGore, 114 F.3d at 605.

Plaintiff did submit a "Jail Property Inventory and Receipt" form showing that some items of personal property and $60 in cash were taken and stored when he was booked into the Hardin County Jail. The items appear to have been returned to another individual shortly thereafter. However, the form is insufficient to satisfy the requirements of the PLRA because it does not show whether Plaintiff has any funds on account at the Jail.

The civil filing fee is $350. 28 U.S.C. § 1914(a). The Schedule of Fees set out following the statute also requires an additional administrative fee of $50 for filing any civil case. That additional fee will not apply if leave to proceed in forma pauperis is ultimately granted.

Plaintiff does not need to submit another in forma pauperis affidavit. --------

If Plaintiff timely submits the necessary document and the Court finds that he is indigent, the Court will grant leave to proceed in forma pauperis and assess a filing fee of $350 in accordance with the installment procedures of 28 U.S.C. § 1915(b). However, if Plaintiff fails to comply with this order in a timely manner, the Court will deny leave to proceed in forma pauperis, assess the entire $400 filing fee from his trust account without regard to the installment payment procedures, and dismiss the action without further notice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. McGore, 114 F.3d at 605.

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. Failure to abide by this requirement may likewise result in the dismissal of this case without further notice, for failure to prosecute. IT IS SO ORDERED.

s/ James D. Todd


JAMES D. TODD


UNITED STATES DISTRICT JUDGE