United States District Court, W.D. Tennessee, Western Division
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS,
ASSESSING FILING FEE IN ACCORDANCE WITH PLRA, DIRECTING CLERK
TO ADD DEFENDANTS TO THE DOCKET AND TRANSFERRING CASE
PURSUANT TO 28 U.S.C. § 1406(A)
D. TODD UNITED STATES DISTRICT JUDGE.
January 31, 2017, Plaintiff Cordaro Hughes, Tennessee
Department of Correction prisoner number 416857, who is
incarcerated at the West Tennessee State Penitentiary
(“WTSP”) in Henning, Tennessee, filed a pro
se complaint pursuant to 42 U.S.C. § 1983 and a
motion to proceed in forma pauperis. (ECF Nos. 1
the Prison Litigation Reform Act (“PLRA”), 28
U.S.C. §§ 1915(a)-(b), a prisoner bringing a civil
action must pay the filing fee required by 28 U.S.C. §
1914(a). Although the obligation to pay the fee
accrues at the moment the case is filed, see McGore v.
Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997),
partially overruled on other grounds by LaFountain v.
Harry, 716 F.3d 944, 951 (6th Cir. 2013), the PLRA
provides the prisoner the opportunity to make a “down
payment” of a partial filing fee and pay the remainder
in installments. Id. at 604. In this case, Plaintiff
has properly submitted an in forma pauperis
affidavit and an inmate trust account statement, as required
by 28 U.S.C. § 1915(a)(2). The motion to proceed in
forma pauperis is GRANTED in accordance with the terms
of the PLRA.
to 28 U.S.C. § 1915(b)(1), it is ORDERED that Plaintiff
cooperate fully with prison officials in carrying out this
order. It is further ORDERED that the trust account officer
at Plaintiff's prison shall calculate a partial initial
filing fee equal to twenty percent (20%) of the greater of
the average balance in or deposits to Plaintiff's trust
fund account for the six months immediately preceding the
completion of the affidavit. When the account contains any
funds, the trust account officer shall collect them and pay
them directly to the Clerk of the Court. If the funds in
Plaintiff's account are insufficient to pay the full
amount of the initial partial filing fee, the trust account
officer is instructed to withdraw all of the funds in the
Plaintiff's account and forward them to the Clerk of the
occasion that funds are subsequently credited to
Plaintiff's account the trust account officer shall
immediately withdraw those funds and forward them to the
Clerk of Court, until the initial filing fee is paid in full.
further ORDERED that after the initial partial filing fee is
fully paid, the trust account officer shall withdraw from
Plaintiff's account and pay to the Clerk of this Court
monthly payments equal to twenty percent (20%) of all
deposits credited to Plaintiff's account during the
preceding month, but only when the amount in the account
exceeds $10, until the $350 filing fee is paid.
time the trust account officer makes a payment to the Court
as required by this order, he shall print a copy of the
prisoner's account statement showing all activity in the
account since the last payment under this order and submit it
to the Clerk along with the payment. All payments and
accounts statements shall be sent to:
Clerk, United States District Court, Western District of
Tennessee 167 N. Main St., Rm. 242, Memphis, TN 38103
shall clearly identify Plaintiff's name and the case
number as included on the first page of this order.
Plaintiff is transferred to a different prison or released,
he is ORDERED to notify the Court in which the case is
pending of his change of address. If still confined, he shall
provide the officials at the new facility with a copy of this
order. If Plaintiff fails to abide by these or any other
requirements of this order, appropriate sanctions may be
imposed, up to and including dismissal of this action,
without any additional notice or hearing.
Clerk shall mail a copy of this order to the prison official
in charge of prison trust fund accounts at the
Plaintiff's prison. The Clerk is further ORDERED to
forward a copy of this order to the Warden of the WTSP to
ensure that the custodian of Plaintiff's inmate trust
account complies with that portion of the PLRA pertaining to
the payment of filing fees.
complaint concerns events that occurred during his previous
incarceration at the Turney Center Industrial Complex
(“TCIX”) in Only, Tennessee. He has sued TDOC
Commissioner Tony Parker; TCIX Warden Kevin Genovese;
Assistant Warden Jeff Butler; and Sergeant Epley, a
Disciplinary Board official. He alleges that his due process
rights were violated during certain disciplinary proceedings.
U.S.C. § 1391(b) authorizes the commencement of a civil
action only in:
(1) a judicial district in which any defendant resides, if
all defendants are residents of the State in which ...