United States District Court, W.D. Tennessee, Eastern Division
ORDER DISMISSING PLAINTIFFS HAYES AND STATEN, DENYING
MOTION FOR APPOINTMENT OF COUNSEL (ECF NO. 2), GRANTING
MOTIONS TO ADD ADDITIONAL PLAINTIFFS (ECF NOS. 4 & 7),
AND DIRECTING PLAINTIFFS TO COMPLY WITH 28 U.S.C. §
D. TODD, UNITED STATES DISTRICT JUDGE.
December 10, 2018, Plaintiff James Lee McClain and fifteen
others, all of whom at the time of filing were incarcerated
at the Madison County Criminal Justice Complex (CJC) in
Jackson, Tennessee, filed a joint pro se complaint
pursuant to 42 U.S.C. § 1983. (ECF No. 1.) The
Plaintiffs raise several issues concerning the conditions of
the CJC, including alleged mold and mildew on the walls and
floors, overpopulation of the pods and cells, and a lack of
recreation. They seek condemnation of the CJC and $50 million
in damages. (Id. at PageID 2-3.)
docketing this matter, the Clerk sent to each original
Plaintiff a copy of the docket sheet. The CJC returned as
undeliverable the mailings sent to Plaintiffs William Hayes
and Jonathan B. Staten with a notation that the two
Plaintiffs are “Not Here.” (ECF Nos. 5 & 6.)
The most basic responsibility of a litigant is to keep the
Court advised of his whereabouts. Plaintiffs Hayes and Staten
have failed to notify the Court of their current location.
Therefore, it appears these Plaintiffs have abandoned this
action. Accordingly, Plaintiffs William Hayes and Jonathan B.
Staten are DISMISSED from this matter, pursuant to Federal
Rule of Civil Procedure 41(b).
Plaintiffs have filed a motion for the appointment of
counsel, (ECF No. 2), and two motions to add additional
Plaintiffs. (ECF Nos. 4 & 7.) Because this case is
currently undergoing screening, the motion for appointment of
counsel is premature and is therefore DENIED without
prejudice to refiling at a later, appropriate time.
motion to add additional Plaintiffs filed December 17, 2018,
seeks to add four other individuals who are, presumably,
inmates at the CJC. (ECF No. 4.) The second motion to add
additional Plaintiffs was filed January 28, 2019. (ECF No.
7.) It includes two identical lists of eleven individuals to
be added as Plaintiffs, (id. at PageID 20-21), and a
third list that includes a twelfth proposed Plaintiff.
(Id. at PageID 21.) One of the listed individuals,
Paul Tims, is noted to have been “transferred to
Fayette Co., ” apparently an indication he is now
incarcerated at the Fayette County Detention Center in
Somerville, Tennessee. (Id.) The motion also notes
that another individual, Kendrick Williams, “got
released.” (Id.) The Court has no information
regarding his current address. The others are, again, presumed
to be inmates at the CJC.
the exception of Kendrick Williams, both motions to add
Plaintiffs are conditionally GRANTED, provided that each
Plaintiff submits the documentation required by this order
and thus acknowledges his consent to be a part of this
the Prison Litigation Reform Act (PLRA), 28 U.S.C.
§§ 1915(a)-(b), a prisoner bringing a civil action
must pay the full civil filing fee. The PLRA merely provides
the prisoner the opportunity to make a “down
payment” of a partial filing fee and pay the remainder
in installments. See McGore v. Wrigglesworth, 114
F.3d 601, 604 (6th Cir. 1997) (“When an inmate seeks
pauper status, the only issue is whether the inmate pays the
entire fee at the initiation of the proceeding or over a
period of time under an installment plan. Prisoners are no
longer entitled to a waiver of fees and costs.”),
partially overruled on other grounds by LaFountain v.
Harry, 716 F.3d 944, 951 (6th Cir. 2013).
order to take advantage of the installment procedures,
however, a prisoner must properly complete and submit to the
district court, along with the complaint, an in forma
pauperis affidavit and a certified copy of his trust
account statement for the six months immediately preceding
the filing of the complaint. 28 U.S.C. § 1915(a)(2).
Each Plaintiff, those named in the original complaint and
those added by this order, is ORDERED to submit, within 30
days after the date of this order, a properly completed and
executed in forma pauperis affidavit form and a copy
of his trust account statement for the last six months. Any
Plaintiff unable to obtain his trust fund account statement
from the CJC must inform the Court in writing and file the
affidavit to proceed in forma pauperis by
itself. If any Plaintiff needs additional time to
file the required documents, he may request one 30-day
extension of time from this Court. McGore, 114 F.3d
Plaintiff fails to comply with this order in a timely manner,
the Court will deny him leave to proceed in forma
pauperis and dismiss that Plaintiff from this action
without further notice pursuant to Federal Rule of Civil
Procedure 41(b), for failure to prosecute. McGore,
114 F.3d at 605.
Plaintiff is transferred to a different prison or released,
he is ORDERED to notify the Court immediately, in writing, of
his change of address. Failure to abide by this requirement
may likewise result in the dismissal of that Plaintiff from
this matter, without further notice, for failure to
 A telephone number is provided for
Williams, but it is not the Court's responsibility to
telephone a potential plaintiff for whom no current ...