United States District Court, W.D. Tennessee, Eastern Division
ORDER ASSESSING PRO RATA FILING FEE OF $116.66
PURSUANT TO PLRA, DISMISSING COMPLAINT AND GRANTING LEAVE TO
D. TODD UNITED STATES DISTRICT JUDGE.
December 10, 2018, pro se Plaintiff Willmer Omar
Pacheco-Lopez and fifteen others, all of whom at the time
were incarcerated at the Madison County Criminal Justice
Complex (CJC), in Jackson, Tennessee, filed a complaint under
42 U.S.C. § 1983. (ECF No. 1.) The complaint was opened
as case number 18-1241-JDT-cgc. After Pacheco-Lopez submitted
the required financial documents, the Court granted leave to
proceed in forma pauperis and dismissed all
Plaintiffs except Pacheco-Lopez and Larry D.
Horton. (ECF No. 3.) The Court also stated that
Pacheco-Lopez's share of the civil filing fee would be
assessed in a separate order. (Id. at PageID 16.) On
August 21, 2019, the Court entered an order severing
Pacheco-Lopez's claims into this case. (ECF No. 4.)
the Prison Litigation Reform Act (PLRA), 28 U.S.C.
§§ 1915(a)-(b), a prisoner bringing a civil action
must pay the filing fee required by 28 U.S.C. §
1914(a). Although the obligation to pay the fee
accrues at the moment the case is filed, see McGore v.
Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997),
partially overruled on other grounds by LaFountain v.
Harry, 716 F.3d 944, 951 (6th Cir. 2013), the PLRA
provides the prisoner the opportunity to make a “down
payment” of a partial filing fee and pay the remainder
in installments. Id. at 604.
Plaintiff is ORDERED to cooperate fully with prison officials
in carrying out this order. It is ORDERED that the trust
account officer at Plaintiff's prison shall calculate and
submit to the Clerk of Court a partial initial filing fee
equal to twenty percent (20%) of the greater of the average
balance in or deposits to Plaintiff's trust account for
the six months immediately preceding the completion of the
affidavit. 28 U.S.C. § 1915(b)(1).
further ORDERED that after the initial partial filing fee is
fully paid, the trust account officer shall withdraw from
Plaintiff's trust account and submit to the Clerk monthly
payments equal to twenty percent (20%) of all deposits
credited to Plaintiff's account during the preceding
month, but only when the amount in the account exceeds $10,
until Pacheco-Lopez's $116.66 share of the civil filing
fee is paid.
time the trust account officer makes a payment to the Court
as required by this order, he shall submit to the Clerk along
with the payment a copy of the prisoner's account
statement showing all activity in the account since the last
payment under this order. All payments and account statements
should be sent to:
Clerk, United States District Court, Western District of
Tennessee, 111 S. Highland Ave., Rm. 262, Jackson, TN 38301
and shall clearly identify Plaintiff's name and the case
number as included on the first page of this order.
Plaintiff is transferred to a different prison or released,
he is ORDERED to notify the Court immediately, in writing, of
his change of address. If still confined, he shall provide
the officials at the new facility with a copy of this order.
If Plaintiff fails to abide by these or any other
requirements of this order, the Court may impose appropriate
sanctions, up to and including dismissal of this action,
without any additional notice or hearing by the Court.
Clerk shall mail a copy of this order to the official in
charge of trust fund accounts at Plaintiff's prison.
complaint also is before the Court for screening.
Pacheco-Lopez sues the Madison County Sheriff's
Department and the State of Tennessee, alleging that the
Madison County Sheriff's Department and the State of
Tennessee, and their “employees/representatives,
” subjected Pacheco-Lopez (and all original Plaintiffs
in this matter) to deplorable conditions, including mold and
mildew on the walls, floors, and ceilings within the Madison
County Criminal Justice Complex (CJC). (ECF No. 1 at PageID
2.) The complaint further alleges the cells and pods at the
CJC are overpopulated, forcing some inmates to sleep on the
floor without a mattress or blanket. (Id.) The
complaint alleges there are insufficient tables at which to
sit during meals, the paint along “the feed trap”
is chipped, and that the CJC forces inmates to live in
overall “animal conditions.” (Id.) The
complaint also alleges the ceilings leak and have sprouted
mushrooms and that the inmates are allowed insufficient
shower time. (Id.) It is alleged that inmates are
confined to their cells “24 hours a day without
recreation in an insect infested poorly ventilated
area” and that each is allowed only eight square feet
of space. (Id. at PageID 5.)
complaint seeks to hold the Madison County Sheriff's
Department and the State of Tennessee liable based on a
“casual [sic] connection between the officials [sic]
conduct and are liable and or responsible for subjecting all
plaintiffs and or caused us to be subjected to cruel and
unusual punishments.” (Id. at PageID 7.) The
complaint in passing alleges that the State of Tennessee
“imposes a hardship on the plaintiffs limited to no
access to the courts which is adequate[, ] effective and
meaningful.” (Id. at PageID 8.) It further
alleges that the State “does not comply with due
process of law and or rights.” (Id.)
complaint seeks condemnation or repair of the CJC, an end to
the alleged overpopulation, cleaning of the mold and mildew,
a free health check for every inmate by “qualified
doctors, ” additional mattresses and blankets, fines
levied against the Sheriff's Department and State, and
$50 million in compensatory damages. (Id. at PageID
Court is required to screen prisoner complaints and to
dismiss any complaint, or any ...