United States District Court, M.D. Tennessee, Nashville Division
MEMORANDUM OPINION AND ORDER
WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE
Hill and Justin Kennedy, inmates of the Davidson County
Sheriffs Office in Nashville, Tennessee, co-filed this pro se
action under 42 U.S.C. § 1983 against Lt. David Hodges
and the Davidson County Sheriffs Office. (Doc. No. 1). Along
with the complaint, Hill submitted an application to proceed
in forma pauperis. (Doc. No. 2).
Order entered on July 22, 2019, the Court notified Plaintiffs
that this case could not proceed until both Plaintiffs took
further action. (Doc. No. 4). The Court notified Hill, who
wished to proceed in forma pauperis, that he must submit to
the Court a certified copy of his inmate account statement
for the six-month period immediately preceding the filing of
his complaint as required by 28 U.S.C. § 1915(a)(2)
within 28 days of receiving the Court's Order.
(Id. at 2). The Court directed Kennedy to submit to
the Court a properly completed application to proceed in
forma pauperis or his portion of the filing fee ($175) within
28 days of receiving the Court's Order. (Id.)
Court advised Plaintiffs that failure to comply with the
Court's Order could result in the dismissal of their
case. (Id.) The Court further advised them that
either Plaintiff could request an extension of time to comply
with the Court's Order if such motion was filed within 28
days of date of entry of the Court's Order.
August 19, 2019, Hill filed an amended pleading. (Doc. No.
6). The pleading did not reference the Court's
instructions to submit a certified copy of his inmate account
statement or otherwise address the matter of the filing fee
in this case.
date, neither Plaintiff has complied with the Court's
Order. Because Hill has not provided the required materials
to apply for pauper status, his application to proceed as a
pauper (Doc. No. 2) is hereby DENIED.
action is subject to dismissal for want of prosecution where
the pro se litigant fails to comply with the court's
orders or engages in a clear pattern of delay. Gibbons v.
Asset Acceptance Corp., No. 1:05CV467, 2006 WL 3452521,
at *1 (S.D. Ohio Nov. 29, 2006); see also Pilgrim v.
Littlefield, 92 F.3d 413, 416 (6th Cir. 1996). District
courts have the inherent power to sua sponte dismiss an
action for want of prosecution "to manage their own
affairs so as to achieve the orderly and expeditious
disposition of cases." Link v. Wabash Railroad,
370 U.S. 626, 630-31 (1962). Accordingly, this action is
hereby DISMISSED WITHOUT PREJUDICE for
failure to comply with the Order of the Court and for want of
there are multiple plaintiffs in a case, each plaintiff is
proportionately liable for any fees or costs. 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). Here, that means each Plaintiff
is responsible for $175. Any subsequent dismissal of a
plaintiffs case, even if voluntarily, does not negate that
plaintiffs responsibility to pay his or her portion of the
filing fee. Fox v. Koskinen, No. 2:09-cv-160, 2009
WL 2507405, at *1 (W.D. Mich. Aug. 24, 2009) (citing
McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir.
1997), overruled on other grounds by Jones v. Bock,
549 U.S. 199(2007)).
Plaintiff is hereby assessed his portion of the $350 filing
fee ($175), to be paid as follows:
custodian of each Plaintiffs inmate trust fund account at the
institution where he now resides is DIRECTED
to submit to the Clerk of Court, as an initial payment,
"20 percent of the greater of- (a) the average monthly
deposits to Plaintiffs account; or (b) the average monthly
balance in Plaintiffs account for the 6-month period
immediately preceding the filing of the complaint." 28
U.S.C. § 1915(b)(1).
After the initial filing fee is fully paid, the trust fund
officer must withdraw from each Plaintiffs account and pay to
the Clerk of this Court monthly payments equal to 20% of all
deposits credited to Plaintiffs account during the preceding
month, but only when the amount in the account exceeds $10.
Such payments must continue until each Plaintiff has paid his
portion of the filing fee ($175) in full. 28 U.S.C. §
Each time the trust account officer makes a payment to this
court as required by this order, he must print a copy of the
prisoner's account statement showing all activity in the
account since the last payment made in accordance with this
order and submit it to the Clerk along with the payment. All
submissions to the court must clearly identify Plaintiffs
name and the case number as indicated on the first page of
this order, and must be mailed to: Clerk, United States
District Court, Middle District of Tennessee, 801 Broadway,
Nashville, TN 37203. Acceptable forms of payment by pro se
plaintiffs are cash, money order, cashier's check or
credit card payment.
Clerk of Court is DIRECTED send a copy of
this order to the administrator of inmate trust fund accounts
at the Davidson County Sheriffs Office to ensure that the
custodian of each Plaintiffs inmate trust account complies
with that portion of 28 U.S.C. § 1915 pertaining to the
payment of the filing fee. If either Plaintiff is transferred
from his present place of confinement, the custodian of his
inmate trust fund account MUST ...