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Miller v. Warren County Jail

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

June 12, 2018

WILLIAM CORDELL MILLER, Plaintiff,
v.
WARREN COUNTY JAIL, Defendant.

          Susan K. Lee, Magistrate Judge

          MEMORANDUM OPINION

          TRAVIS R. MCDONOUGH, UNITED STATES DISTRICT JUDGE

         Before the Court is Plaintiff's pro se complaint under 42 U.S.C. § 1983 [Doc. 1] and motion for leave to proceed in forma pauperis [Doc. 4]. For the reasons set forth below, Plaintiff's motion for leave to proceed in forma pauperis [Doc. 4] will be GRANTED, and Plaintiff's complaint will be DISMISSED sua sponte.

         I. FILING FEE

         Under the Prison Litigation Reform Act (“PLRA”), any prisoner who files a complaint in a district court must tender the full filing fee or file (1) an application to proceed in forma pauperis without prepayment of fees and (2) a certified copy of their inmate trust account for the previous six-month period. 28 U.S.C. § 1915(a)(2). Plaintiff submitted a fully compliant application to proceed in forma pauperis on May 25, 2016 [Doc. 4], and it appears from the application that Plaintiff lacks sufficient financial resources to pay the $350.00 filing fee. Accordingly, Plaintiff's motion for leave to proceed in forma pauperis [Doc. 4] is GRANTED and, pursuant to 28 U.S.C. § 1915, the Clerk is DIRECTED to file this action without the prepayment of costs or fees or security therefor as of the date the Complaint was received.

         Because Plaintiff is currently confined at the Warren County Jail, he is herewith ASSESSED the civil filing fee of $350.00. Pursuant to 28 U.S.C. § 1915(b)(2), the custodian of Plaintiff's inmate trust account at the institution where he now resides is directed to submit to the Clerk, U.S. District Court, 800 Market Street, Suite 130, Knoxville, Tennessee 37902, twenty percent (20%) of the Plaintiff's preceding monthly income (or income credited to the Plaintiff's trust account for the preceding month), but only when such monthly income exceeds ten dollars ($10.00), until the full filing fee of three hundred fifty dollars ($350.00) as authorized under 28 U.S.C. § 1914(a) has been paid to the Clerk. 28 U.S.C. § 1915(b)(2).

         The Clerk is DIRECTED to send a copy of this Memorandum to the Warren County Jail to ensure that the custodian of Plaintiff's trust account complies with that portion of the PLRA relating to payment of the filing fee. The Clerk is DIRECTED to forward a copy of this Memorandum to the Court's financial deputy.

         II. BACKGROUND

         Plaintiff filed this complaint under 42 U.S.C. § 1983 on May 25, 2016, against Defendant Warren Count Jail [Doc. 1 p. 1]. Plaintiff claims that during his incarceration at the Warren County Jail, his federal mail was tampered with, government postage was illegally taxed, and a jail administrator refused to provide him with a notary [Id.]. The substance of the complaint alleges, in its entirety:

1) I received a legal letter from C/O Chris Oden which was already opened.
2) I ordered a book of ten stamps which were posted at $4.90 and I was taxed and charged $5.19. To my understanding federal postage can NOT be taxed.
3) I asked Evonne McGuinness who is a certified notary public to notarize my lawsuit papers and she refused to do so once I told her who the lawsuit was against.

[Id. at 2]. As relief for these alleged constitutional violations, Plaintiff requests that the jail be reprimanded, that two jail employees be suspended or terminated, and seeks compensation for his pain and suffering [Id. at 3].

         III. ...


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