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Jackson v. Hamilton County Jail

June 19, 2008

WILLIE A. JACKSON PLAINTIFF,
v.
HAMILTON COUNTY JAIL DEFENDANTS.



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

MEMORANDUM

Plaintiff Willie A. Jackson ("Plaintiff" or "Jackson") has filed a pro se prisoner's civil rights complaint pursuant to 42 U.S.C. § 1983 (Court File No. 3). Plaintiff challenges his conditions of confinement in a laundry list of claims (Court File No. 3). Plaintiff requests compensation and to change the policy and procedure at the jail and for "[t]he Hamilton County Jail [to] straighten up." (Court File No. 3, p. 5). Plaintiff is no longer housed at the Hamilton County Jail.

For the reasons discussed below, Jackson's complaint will be DISMISSED (Court File No. 3) .

I. Application to Proceed In Forma Pauperis

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

Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B), the custodian of Jackson'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 Jackson's inmate trust account; or

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

Thereafter, the custodian shall submit twenty percent (20%) of Jackson'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 is DIRECTED to send a copy of this memorandum and order to the Warden and Custodian of Records at CCA-Silverdale, in Chattanooga, Tennessee, the Commissioner of the Tennessee Department of Correction, and the Attorney General for the State of Tennessee to ensure the custodian of Jackson'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 inmate Jackson's file and follow the inmate if he is transferred to another institution. The agency having custody of the plaintiff shall continue to collect monthly payments from plaintiff's prisoner account until the entire filing fee of $350.00 is paid.

The plaintiff is ORDERED to notify this Court of any change of address if he is transferred to another institution, and to provide the prison officials at any new institution with a copy of this order. Failure of the plaintiff to notify this Court of an address change and/or the new prison officials of this order and outstanding debt, will result in the imposition of appropriate sanctions against plaintiff without any additional notice or hearing by the Court.

II. Screening Pursuant to 28 U.S.C. §§ 1915A and 1915(e)

The Court screens the complaint pursuant to 28 U.S.C. § 1915A and § 1915(e). Furthermore, 28 U.S.C. §§ 1915A and 1915(e)(2) provides the Court must dismiss a case at any time if the Court determines it is frivolous ...


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