United States District Court, W.D. Tennessee, Eastern Division
CHARLES ORLANDO FIELDS a/k/a NOBLEBUDDHA-ANGAVUSISHYA, ET AL., Plaintiffs,
TRINITY FOOD SERVICE, ET AL., Defendants.
ORDER DISMISSING CASE, ASSESSING $400 CIVIL FILING
FEE AND CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD
D. TODD, UNITED STATES DISTRICT JUDGE
October 4, 2017, a joint civil complaint was filed by four
pro se prisoner Plaintiffs, Charles Orlando Fields
a/k/a Noble:buddha-angavu:sishya, Tennessee Department of
Correction (TDOC) prisoner number 263062; Robert Birdwell,
prisoner number 230847; George Hamby, prisoner number 381365;
and Gerald Sykes, prisoner number 405894. (ECF No. 1.) All of
the Plaintiffs were, at the time, inmates at the Hardeman
County Correctional Facility (HCCF) in Whiteville, Tennessee.
Plaintiffs did not pay the civil filing fee and filed only a
joint, non-standard motion to proceed in forma
pauperis that was not accompanied by copies of their
inmate trust account statements, as required by the Prison
Litigation Reform Act (PLRA), 28 U.S.C. §§
1915(a)-(b). Therefore, the Court issued an order on October
6, 2017, directing each of the Plaintiffs to submit, within
30 days, a separate in forma pauperis affidavit
using the Court's standard form and a copy of his inmate
trust account statement for the preceding six months. (ECF
No. 6.) Plaintiffs were warned that failure to comply in a
timely manner would result in denial of leave to proceed
in forma pauperis and the dismissal of their claims
without further notice for failure to prosecute.
(Id. at 2.) However, none of the Plaintiffs have
complied with the Court's order; therefore, leave to
proceed informa pauperis is DENIED with regard to
all of the Plaintiffs.
Plaintiff Sykes did not comply with the Court's order, he
notified the Court via a letter received on November 1, 2017,
of his intent to withdraw from this lawsuit. (ECF No. 13.)
The Court construes the letter as a notice of voluntary
dismissal, and Plaintiff Sykes's claims are DISMISSED
pursuant to Federal Rule of Civil Procedure 41(a)(1).
to the TDOC's Felony Offender Information website,
Plaintiff Birdwell is no longer in TDOC custody because his
sentence expired a few days after the complaint in this case
was docketed. See
https://apps.tn.gov/foil-app/search.jsp. Birdwell has
submitted no change of address. As stated, neither Plaintiff
Fields nor Plaintiff Hamby has submitted the required
documents. Therefore, the claims of Plaintiffs Fields, Hamby
and Birdwell are DISMISSED pursuant to Federal Rule of Civil
Procedure 41(b) for failure to prosecute.
the dismissal of this action, the Court is still required to
assess the civil filing fee, since the responsibility for
paying the filing fee accrues at the time the complaint is
filed. McGore v. Wrigglesworth, 114 F.3d 601, 607
(6th Cir. 1997), partially overruled on other grounds by
LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013).
Because there are multiple plaintiffs, each Plaintiff is
responsible for payment of his share of the filing
See Talley-Bey v. Knebl, 168 F.3d 884, 887 (6th Cir.
1999); In re Prison Litigation Reform Act, 105 F.3d
1131, 1137 (6th Cir. 1997).
Fields, #263062; Plaintiff Hamby, #381365; and Plaintiff
Sykes, #405894 are each assessed $100, his proportionate
share of the $400 civil filing fee. While Plaintiff Birdwell is
no longer incarcerated, he also is assessed his $100 share of
the filing fee.
ORDERED that Plaintiffs Fields, Hamby and Sykes cooperate
fully with prison officials in carrying out this order. It is
further ORDERED that the trust fund officer at
Plaintiffs' prison shall withdraw from each
Plaintiff's inmate trust account the sum of $100 and
forward that amount to the Clerk of this Court. If the funds
in any Plaintiff's account are insufficient to pay his
share of the civil filing fee, the prison official is
instructed to withdraw all of the funds in that
Plaintiff's account and forward them to the Clerk of
Court. On each occasion that funds are subsequently credited
to that Plaintiff's account, the prison official shall
immediately withdraw those funds and forward them to the
Clerk of Court, until his $100 share of the civil filing fee
is paid in full.
time that 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 file it
with the Clerk along with the payment. All payments and
account statements shall be sent to:
and shall clearly identify the Plaintiff's name and the
case number as it appears on the first page of this order. If
either Plaintiff Fields, Sykes or Hamby is transferred to a
different prison or released, he is ORDERED to notify the
Court immediately of his change of address.
still confined, he shall provide the officials at the new
prison with a copy of this order.
Clerk is ORDERED to mail a copy of this order to the prison
official in charge of inmate trust accounts at the
Plaintiffs' prison. The Clerk is further ORDERED to
forward a copy of this order to the Warden of the HCCF to
ensure that the custodian of Plaintiffs' inmate trust
accounts complies with that portion of the PLRA pertaining to
the payment of filing fees.
Court hereby CERTIFIES, pursuant to 28 U.S.C. §
1915(a)(3) and Federal Rule of Appellate Procedure 24(a) that
an appeal by any of the Plaintiffs in this case would not be
taken in good faith.
Clerk is directed to ...