United States District Court, M.D. Tennessee, Nashville Division
April 3, 2015
CHARLES T. GROOMSTER #99077397, Plaintiff,
FRANK DERIGGI, et al., Defendants.
TODD CAMPBELL, District Judge.
Plaintiff, Charles Groomster, an inmate of the Wilson County Jail in Lebanon, Tennessee, filed this pro se action under 42 U.S.C. § 1983 against the Mt. Juliet police department and three of its officers. (Docket Entry No. 1). Plaintiff also filed an application to proceed in forma pauperis (Docket Entry No. 2). Because it appears from the application that Plaintiff lacks sufficient funds to pay the entire filing fee in advance, Plaintiff's application to proceed as a pauper (ECF No. 2) is GRANTED.
Pursuant to 28 U.S.C. §§ 1915(b) and 1914(a), Plaintiff is nonetheless assessed the $350.00 civil filing fee. The Administrator of the Wilson County Jail is DIRECTED to submit to the Clerk of Court, as an initial payment, the greater of: (a) 20% of the average monthly deposits to Plaintiff's credit at the jail; or (b) 20% of the average monthly balance to Plaintiff's credit for the six-month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(b)(1). Thereafter, the custodian shall submit 20% of Plaintiff's preceding monthly income (or income credited to Plaintiff for the preceding month), but only when Plaintiff's monthly income exceeds $10.00. 28 U.S.C. § 1915(b)(2). Payments shall continue until the $350.00 filing fee has been paid in full to the Clerk of Court. 28 U.S.C. § 1915(b)(3).
The Clerk of Court MUST send a copy of this order to the Administrator of the Wilson County Jail to ensure compliance with that portion of 28 U.S.C. § 1915 pertaining to the payment of the filing fee. If Plaintiff is transferred from his present place of confinement, the Administrator must ensure that a copy of this order follows Plaintiff to his new place of confinement, for continued compliance herewith. All payments made pursuant to this order must be submitted to the Clerk of Court for the United States District Court for the Middle District of Tennessee, 801 Broadway, Nashville, TN 37203.
In accordance with the Memorandum filed herewith, this action is DISMISSED as frivolous. 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b). Any appeal of this Order would not be in good faith as required by 28 U.S.C. § 1915(a)(3).
The entry of this Order shall constitute the Judgment in this action.
It is so ORDERED.