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Hale v. Tipton

April 24, 2007

PATRICK E. HALE
v.
DARYL TIPTON; NURSE ANGLA CUTIS; SHANE WATSON; AND NURSE AT THAT TIME NOW IS AN OFFICER



The opinion of the court was delivered by: J. Ronnie Greer United States District Judge

MEMORANDUM and ORDER

Patrick E. Hale brings this pro se civil rights complaint under 42 U.S.C. § 1983, alleging that his constitutional rights were violated during his confinement in the Washington County Detention Center (WCDC), as well as in the Carter County Jail.

The plaintiff is ASSESSED the civil filing fee of three hundred and fifty dollars ($350.00). 28 U.S.C. § 1915. Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B), the custodian of the plaintiff's inmate trust account at the institution where he now resides shall submit, as an initial partial payment, whichever is the greater of:

(a) twenty percent (20%) of the average monthly deposits to the 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.

Thereafter, the custodian shall submit twenty percent (20%) of the plaintiff's preceding monthly income (or income credited to his trust account for the preceding month), but only when such monthly income exceeds $10.00, until the plaintiff has paid the $350 filing fee in full to the Clerk's Office.*fn1 McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997).

The Clerk is DIRECTED to send a copy of this memorandum and order to the custodian of inmate trust accounts at the facility where the plaintiff is confined, to ensure compliance with the above fee-assessment procedures.

In the complaint, the plaintiff states his claims as follows:

"Date Time

1. 11-25-06 Between 3:20 p.m. 3:30 p.m. Daryle Tipton W.C.D.C. Violation of my rights

2. 12-1-06 4:37 a.m. Nurse Angla Cutis W.C.D.C. let my pass med to another inmate

3. 3-5-06 Shane Watson Cater County Jail Violation of my rights

4. 2-6-06 Nurse refuse to give me med and medical trement" ...


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