Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Moore v. Chattanooga Police Dep't

August 19, 2008

GARY NATHANIEL MOORE PLAINTIFF,
v.
CHATTANOOGA POLICE DEPT., DEFENDANT.



The opinion of the court was delivered by: R. Allan Edgar United States District Judge

Edgar/Carter

MEMORANDUM

The court is in receipt of a pro se prisoner's civil rights complaint filed pursuant to 42 U.S.C. § 1983. Plaintiff Gary Moore ("Moore") is an inmate at the Greeneville Detention Center in Greeneville, Tennessee. He has filed a pro se civil rights action under 42 U.S.C. § 1983 complaining that when Chattanooga police stopped the vehicle in which he was a passenger, they had neither probable cause or reasonable suspicion to stop the vehicle nor probable cause to search him. In addition, Moore claims the stop was unreasonably extended.

I. Application to Proceed In Forma Pauperis

It appears from the application to proceed in forma pauperis submitted by Moore that he lacks sufficient financial resources at the present time to pay the required filing fee of $350.00. Moore is not relieved of the ultimate responsibility of paying the $350.00 filing fee. Since Moore is an inmate or prisoner in custody at the Greeneville Detention Center, he will be 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. Moore 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 Moore's inmate trust account at the institution where he now resides shall submit to the Clerk, United States District Court, 900 Georgia Ave., 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 Moore's inmate trust account; or

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

Thereafter, the custodian shall submit twenty percent (20%) of Moore'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 Inmate Trust Find Accounts at the Greeneville Detention Center, the Commissioner of the Tennessee Department of Correction, and the Attorney General for the State of Tennessee to ensure the custodian of Moore'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 Plaintiff shall collect the filing fee as funds become available. This order shall become a part of inmate Moore's file and follow the inmate if he is transferred to another institution. The agency having custody of Moore shall continue to collect monthly payments from his 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.

I. Standard of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.