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Deramus v. McCoig

United States District Court, E.D. Tennessee, Knoxville

November 7, 2016

EDMOND B DERAMUS, Plaintiff,
v.
BUD McCOIG, Defendant.

          MEMORANDUM AND ORDER

          J. RONNIE GREER UNITED STATES DISTRICT JUDGE

         Edmond B Deramus, an inmate confined in the Morgan County Correctional Complex, has filed this pro se complaint under 42 U.S.C. § 1983 [Doc. 1]. Additionally, the Court is in receipt of Plaintiff's motion for leave to proceed in forma pauperis [Doc. 2], motion to appoint counsel [Doc. 3], and motion for default judgment [Doc. 7].

         Based on the analysis below, Plaintiff's motion to proceed in forma pauperis will be GRANTED and his motion to appoint counsel and motion for default judgment will both be DENIED [Doc. 3 and 7].

         I. Filing Fee

         Based on the financial data provided by Plaintiff, his application to proceed without prepayment of fees [Doc. 1] is GRANTED. The Prison Litigation Reform Act of 1995 (“PLRA”) requires a prisoner who files a complaint in a district court and wishes to proceed without prepayment of fees to supply the Court with an application and certified copy of his inmate trust account for the previous six-month period. 28 U.S.C. § 1915(a)(2). Here, Plaintiff provided a self-drafted application, along with a print out of recent activity on his trust account and a notarized certificate of inmate trust fund account showing a total of $1.08 on account to his credit [Doc. 2 p. 3 and 4].

         Because Plaintiff is an inmate, 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 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 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 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 has been paid to the Clerk's Office. McGore, 114 F.3d at 607.

         Payments should be sent to: Clerk, USDC; 800 Market Street, Suite 130, Knoxville, Tennessee 37902. To ensure compliance with the fee-collection procedure, the Clerk is DIRECTED to mail a copy of this order to the custodian of inmate accounts at the institution where 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 Plaintiff's prison file and follow him if he is transferred to another correctional institution.

         II. Screening Requirement

         Under the Prison Litigation Reform Act (“PLRA”), district courts must screen prisoner complaints and sua sponte dismiss those that are frivolous or malicious, fail to state a claim for relief, or are against a defendant who is immune. See, e.g., Benson v. O'Brian, 179 F.3d 1014 (6th Cir. 1999).

         In screening this complaint, the Court bears in mind 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 pleading must be sufficient “to state a claim to relief that is plausible on its face, ” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007), which simply means that 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 “facial plausibility” standard does not require “detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Id. at 678 (citations and internal quotation marks omitted). The standard articulated in Twombly and Iqbal “governs dismissals for failure to state a claim under [28 U.S.C. §§ 1915(e)(2) and 1915A] because the relevant statutory language tracks the language in Rule 12(b)(6).” Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010).

         III. Plaintiff's Allegations

         On January 15, 2016, Plaintiff was arrested on an outstanding warrant and was taken to Tennova Hospital of Jefferson City to be treated for injuries sustained during his arrest [Doc. 1 p. 2]. Plaintiff claims that he was “going in and out of consciousness” and was “treated for a broken hand” [Id.]. A partial cast was placed on Plaintiff's wrist and he was given medication for the pain [Id.]. Upon checking Plaintiff's vitals, the doctor ordered Plaintiff to be hospitalized due to severely high blood pressure [Id.]. Plaintiff was placed on an IV and given blood pressure medication [Id.]. Over twenty-four hours passed before Plaintiff's blood pressure dropped to a “safe level” [Id. at 2]. Plaintiff was prescribed Narvask, a medication to control his blood pressure, and Oxycodone, for the pain in his broken wrist [Id.].

         The following day, Plaintiff was released from the hospital and booked into Jefferson County Jail [Id.]. Plaintiff asserts that Deputy Cameron contacted Defendant Sheriff Bud McCoig (“Defendant”) to request permission to fill ...


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