United States District Court, E.D. Tennessee, Greeneville
JAKEIL D. LINDSEY, Plaintiff,
CORIZION MEDICAL STAFF, BLEDSOE COUNTY CORRECTION COMPLEX SECURITY, RUSSELL MELTON, TINA HEARD, JOHNATHAN HOLLAND, and WILLIAM LEWIS, Defendants.
L. COLLIER, UNITED STATES DISTRICT JUDGE.
D. Lindsey (“Plaintiff”), a pro se
prisoner, brings this civil rights complaint for damages
under 42 U.S.C. § 1983 [Doc. 2] and a motion for leave
to proceed in forma pauperis [Doc. 1]. Plaintiff
names as defendants the correctional facility's medical
staff and security, along with Russell Melton, Tina Heard,
Johnathan Holland, and William Lewis, in their individual and
official capacities (collectively “Defendants”).
Plaintiff alleges Defendants were deliberately indifferent to
his serious medical condition, resulting in injuries to his
head and mouth [Doc. 2 p. 5].
following reasons, Plaintiff's motion for leave to
proceed in forma pauperis [Doc. 1] will be
GRANTED, and his complaint will advance, in
THE FILING FEE
appears from the application to proceed in forma
pauperis [Doc. 1] that Plaintiff lacks sufficient
financial resources to pay the filing fee. Accordingly,
Plaintiff's motion for leave to proceed in forma
pauperis [Doc. 1] will be GRANTED
pursuant to 28 U.S.C. § 1915.
Plaintiff is an inmate in the Northwest Correction Complex
(“NCCX”), he will be ASSESSED
the civil filing fee of $350.00. The custodian of
Plaintiff's inmate trust account at NCCX will be
DIRECTED to submit to the Clerk of Court, as
an initial partial payment, twenty percent (20%) of the
greater of either the average monthly deposits or the average
monthly balance in the account for the six (6) months
immediately preceding the filing of the complaint. 28 U.S.C.
full payment of the initial partial filing fee, the custodian
shall submit twenty percent (20%) of Plaintiff's
preceding monthly income credited to the account, but only
when the amount in the account exceeds ten dollars ($10),
until the full $350 fee has been paid to the Clerk of Court.
28 U.S.C. § 1915(b)(2); McGore v.
Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997),
overruled on other grounds by Jones v. Bock, 549
U.S. 199 (2007). Payments should be mailed to:
Clerk's Office, USDC; 220 West Depot Street, Suite
200; Greeneville, TN 37743.
Clerk of Court will be DIRECTED to send a
copy of this Order to the custodian of inmate accounts at
NCCX to ensure compliance with these fee-assessment
procedures. The Clerk will also be DIRECTED
to forward a copy of the Order to the Court's financial
deputy. The accompanying Order shall become a part of
Plaintiff's prison file and follow him if he is
transferred to another institution. Plaintiff will be
ORDERED to notify the 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 the Order.
claims to suffer from grand mal seizures and epileptic
attacks [Doc. 2 p. 3]. He contends that Defendants showed
indifference to his serious medical conditions by failing to
provide adequate medical care after he suffered from multiple
seizures while incarcerated at the Bledsoe County
Correctional Complex. Plaintiff suffered from seizures on
February 25, 2017, March 1, 2017, March 6, 2017, March 8,
2017, March 28, 2017, April 6, 2017, May 2, 2017, and May 7,
2017, but was ignored by Defendants each time [Id.].
Plaintiff states that Defendants believe he faked his
seizures, and consequently, placed him into segregation for
“creating a disturbance” [Id.].
further alleges that he was discriminated against because of
his race [Id. at 6]. He complains that Defendants
Melton and Heard opine that, “all [b]lack inmates [are]
faking seizures to come to medical department clinic to
harass the young white female nurses” [Id].
to his stay at the Bledsoe County Correctional Complex,
Plaintiff wore a protective helmet issued by the Rutherford
County Jail Medical Staff due to the potential danger to
Plaintiff's head during a seizure [Id. at 5].
However, upon admittance to Bledsoe County Correctional
Complex, the Corizion Medical Staff confiscated his helmet
[Id.]. Because Plaintiff does not have his helmet
anymore, he has suffered head injuries from falling during
28 U.S.C. § 1915(e), a court is required to screen civil
complaints brought by prisoners proceeding in forma
pauperis and to dismiss an action at any time the court
determines that it is frivolous or fails to state a claim
upon which relief can be granted. In performing this task,
the Court bears in mind the rule that pro se pleadings filed
in civil rights cases are to be charitably construed and to
be held to a less exacting standard than attorney-prepared
complaints. Haines v. Kerner, 404 U.S. 519, 520
(1972); see also Erickson v. Pardus, 551 U.S. 89, 94
(2007) (explaining that a pro se pleading “is to be