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Snyder v. Bradley County Justice Center

June 3, 2008

TIMOTHY T. SNYDER, PLAINTIFF,
v.
BRADLEY COUNTY JUSTICE CENTER; CAPTAIN GABE THOMAS, CHIEF ADMINISTRATOR, DEFENDANTS.



The opinion of the court was delivered by: Chief Judge Curtis L. Collier

MEMORANDUM

Timothy T. Snyder ("Snyder") has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 (Court File No. 1). Snyder brings suit against the Bradley County Justice Center and Captain Gabe Thomas ("Capt. Thomas"), Chief Administrator of the Bradley County Justice Center. Snyder challenges his conditions of confinement and asks the Court to mandate his immediate transfer to a Tennessee Department of Corrections ("TDOC") Facility. For the reasons discussed below, Snyder's complaint will be DISMISSED (Court File No. 1).

I. Application to Proceed In Forma Pauperis

It appears from the application to proceed in forma pauperis submitted by Snyder, that he lacks sufficient financial resources at the present time to pay the required filing fee of $350.00. Snyder, however, is not relieved of the ultimate responsibility of paying the $350.00 filing fee. Since Snyder is an inmate or prisoner in custody at the Bradley County Justice Center, in Cleveland, Tennessee, he will be ASSESSED the civil filing fee of $350.00 under the Prisoner Litigation Reform Act, Pub. L. 104-134, 110 Stat. 1321 (1996), codified in 28 U.S.C. § 1915. Snyder shall pay the full filing fee of three-hundred and fifty dollars ($350.00) pursuant to the Prisoner Litigation Reform Act.

Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B), the custodian of Snyder's inmate trust account at the institution where he now resides shall submit to the Clerk, United States District Court, 900 Georgia Avenue, Room 309, Chattanooga, Tennessee 37402, as an initial partial payment, whichever is the greater of

(a) twenty percent (20%) of the average monthly deposits to Snyder's inmate trust account; or

(b) twenty percent (20%) of the average monthly balance in Snyder's inmate trust account for the six-month period preceding the filing of the complaint.

Thereafter, the custodian shall submit twenty percent (20%) of Snyder'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 full filing fee of $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 of Court will be DIRECTED to send a copy of this memorandum and judgment to the Sheriff and Custodian of Records at the Bradley County Justice Center, in Cleveland, Tennessee; the Commissioner of the Tennessee Department of Correction; and the Attorney General for the State of Tennessee, to ensure the custodian of Snyder's inmate trust account complies with the portion of the Prison Litigation Reform Act relating to payment of the filing fee.

The agency having custody of the plaintiff shall collect the filing fee as funds become available. This order shall become a part of Snyder's file and follow him if he is transferred to another institution. The agency having custody of Snyder shall continue to collect monthly payments from Snyder's prisoner account until the entire filing fee of $350.00 is paid.

Snyder will also be ORDERED to provide the prison officials at any new institution with a copy of this order. Failure of Snyder to notify the new prison officials of this order and outstanding debt will result in the imposition of appropriate sanctions against him without any additional notice or hearing by the Court.

II. Standard of Review

A. Pro Se Pleadings

Pro se pleadings filed in civil rights cases are liberally construed and held to a less stringent standard than formal pleadings drafted by lawyers. McNeil v. United States, 508 U.S. 106, 113 (1993); Boag v. MacDougall, 454 U.S. 364, 365 (1982); Pilgrim v. Littlefield, 92 F.3d 413, 416 (6th Cir. 1996); Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991). However, pro se status does not exempt plaintiffs from the requirement that they must comply with relevant rules of procedural and substantive law. Hulsey v. State of Texas, 929 F.2d 168, 171 (5th Cir. 1991); Birl v. Estelle, 660 F.2d 592, 593 (5th Cir. 1981). Pro se plaintiffs must comply with Rule 8 of the Federal Rules of Civil Procedure which provides that a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief. . . ." LRL Properties v. Portage Metro Housing Authority, 55 F.3d 1097, 1104 (6th Cir. 1995). Although the standard of review is liberal, it does require more than the bare assertion of legal conclusions. Lillard v. Shelby County Bd. Of Educ., 76 F.3d 716, 726 (6th Cir. 1996) (standard of review for dismissing a complaint pursuant to Fed. R. Civ. P. 12(b)(6)-failure to state a claim upon which relief may be granted); LRL Properties, 55 F.3d at 1103-04; Allard v. Weitzman (In re DeLorean Motor Co.), 991 F.2d 1236, 1240 (6th Cir. 1993); Hartfield v. East Grand Rapids Public Schools, 960 F. Supp. 1259, 1268 (W.D. Mich. 1997). The complaint must give the defendants fair notice of ...


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