United States District Court, W.D. Tennessee, Eastern Division
ORDER DIRECTING CLERK TO DOCKET ENTRIES FROM CASE NO.
19-1257 IN CASE NO. 19-1248, GRANTING LEAVE TO PROCEED IN
FORMA PAUPERIS AND ASSESSING $350 FILING FEE IN ACCORDANCE
D. TODD, UNITED STATES DISTRICT JUDGE
October 21, 2019, Plaintiff Mark Taylor, who is incarcerated
at the Madison County Criminal Justice Complex (CJC) in
Jackson, Tennessee, filed a pro se civil complaint
which was opened as case number 19-1248-JDT-cgc. (ECF No. 1.)
The complaint was accompanied by a motion for leave to
proceed in forma pauperis, (ECF No. 2), but the
motion did not include a copy of Plaintiff's inmate trust
account statement, as required by the Prison Litigation
Reform Act (PLRA), 28 U.S.C. §§ 1915(a)-(b). On
October 22, 2019, the Court notified Plaintiff of the
deficiency and ordered him to submit the necessary document
or pay the entire civil filing fee within 30 days. (ECF No.
days later, Taylor filed a second civil complaint, Taylor
v. Miles, No. 19-1257-JDT-cgc (W.D. Tenn. filed Nov. 4,
2019). The new complaint also was accompanied by a motion to
proceed in forma pauperis without an attached inmate
trust account statement, (No. 19-1257, ECF No. 2), so a
similar deficiency order was entered in that case on November
6, 2019, (id. ECF No. 4). On November 25, 2019, the
Clerk docketed a letter from Taylor that referenced only case
number 19-1257 and stated he was having trouble obtaining his
trust account statement from prison officials; he asked for
additional time to comply with the deficiency order.
(Id. ECF No. 5.) The Court granted the motion and
allowed Taylor through December 20th in which to comply.
(Id. ECF No. 6.) On December 2, 2019, Taylor
submitted a letter with a copy of his inmate trust account
statement, again referencing only case number 19-1257.
(Id. ECF No. 7.)
Taylor may not have been aware that he has two separate cases
pending,  the Clerk is DIRECTED to docket in this
case the following documents from case number 19-1257: the
letter from Taylor received November 25, 2019; the
Court's order of November 27, 2019, granting an extension
of time in which to comply; and Taylor's letter and trust
account statement received December 2, 2019. Taylor is
instructed that in the future, if he intends to file a
specific document in both of his cases, he must include both
case numbers on the document.
the PLRA, a prisoner bringing a civil action must pay the
filing fee required by 28 U.S.C. §
1914(a). Section 1915(b) merely provides the
prisoner the opportunity to make a “down payment”
of a partial filing fee and pay the remainder in
installments. In this case, Plaintiff now has submitted both
a properly completed in forma pauperis affidavit and
a copy of his inmate trust account statement. The motion to
proceed in forma pauperis is GRANTED in accordance
with the terms of the PLRA.
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 the $350 filing fee is paid.
time the trust fund officer makes a payment to the Court as
required by this order, he shall print a copy of the
prisoner's account statement showing all activity in the
account since the last payment under this order and submit it
to the Clerk along with the payment. All payments and
accounts statements shall be sent to:
Clerk, United States District Court, Western District of
111 S. Highland Ave., Rm. 262, Jackson, TN 38301
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 prison official
in charge of prison trust fund accounts at the
Plaintiff's prison. The Clerk is further ORDERED to
forward a copy of this order to the Administrator of the CJC
to ensure that the custodian of Plaintiff's inmate trust