United States District Court, E.D. Tennessee, Winchester
K. Lee, Magistrate Judge
R. MCDONOUGH, UNITED STATES DISTRICT JUDGE
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.
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.
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. §
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.
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
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].