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Clawson v. Holesclaw

United States District Court, Eastern District of Tennessee, Greeneville

May 6, 2015

JOSHUA DEAN CLAWSON, #351786, Plaintiff,
v.
JOE HOLESCLAW, JOHNATHAN KING, JAMES FRITZ, TOM SMITH, and BILLY HAREL, Defendants.

MEMORANDUM AND ORDER

HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE

Joshua Dean Clawson, a prisoner now housed in the Turney Center Industrial Complex brings this pro se civil rights complaint under 42 U.S.C. § 1983, against several Carter County, Tennessee law enforcement officers and officials at the Carter County Detention Center, where he was formerly confined (Doc. 1). Based on the financial data supplied in the Plaintiff’s affidavit, his application to proceed without prepayment of fees is GRANTED (Doc. 9). Nonetheless, because the Plaintiff is a prisoner, he is ASSESSED the filing fee of three hundred and fifty dollars ($350). McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007).

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. 28 U.S.C. § 1915(b) (1) (A) and (B). Thereafter, the trust account 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 full filing fee of $350.00 has been paid to the Clerk’s Office. McGore, 114 F.3d at 607.

Payments should be sent to: Clerk, USDC; 220 W. Depot St., Suite 200; Greeneville, TN 37743. To ensure compliance with the fee-collection procedure, the Clerk is DIRECTED to mail a copy of this memorandum and order to the custodian of inmate accounts at the institution where the Plaintiff is now confined. The Clerk is also DIRECTED to furnish a copy of this order to the Court’s financial deputy. This order shall be placed in the Plaintiff’s prison file and follow him if he is transferred to another correctional institution.

I. Screening the Complaint

The Court must now review the complaint to determine whether it states a claim entitling the Plaintiff to relief or is frivolous or malicious or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2) and § 1915A. If so, this suit must be dismissed. In performing this task, the Court bears in mind the rule that pro se pleadings filed in civil rights cases must be liberally construed and held to a less stringent standard than formal pleadings drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). Still, the complaint must be sufficient "to state a claim to relief that is plausible on its face, " Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007), which simply means the factual content pled by a plaintiff must permit a court "to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556). The Court examines the complaint in light of those requirements.

II. Plaintiff’s Allegations

In paragraph V in the body of his pleading, the Plaintiff states his claims as follows:

“Tom Smith – transporting my truk acrros state line for no reason
Joe Holesclaw – Come in across state line tryin to arrest me
Johnathan King –Taein my legal mail and put me into the same sell as an Aids victim
James Fritz –Open my legal mail crul and unusual punishment
Bily Harel –“ (Doc. 1, p. 3) (misspellings in original).

On separate sheets of paper attached to the complaint, the Plaintiff expands on those claims, by alleging that, in 2005, he was beaten by Defendant Officer Joe Holesclaw and an Officer Jhonson. Because the Plaintiff was released from jail and because both officers were fired, he saw no need to pursue a lawsuit he had filed regarding the beating and did not respond to court orders ...


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