Roberts v. Coffee County, 4:18-CV-4-SKL. (2020)
Court: District Court, E.D. Tennessee
Number: infdco20200318f30
Visitors: 26
Filed: Mar. 17, 2020
Latest Update: Mar. 17, 2020
Summary: ORDER SUSAN K. LEE , Magistrate Judge . This is a prisoner's civil rights action for violation of 42 U.S.C. 1983 that was dismissed with prejudice on January 16, 2020, after Defendants successfully moved for summary judgment [Doc. 61]. Now before the Court is Plaintiff's timely motion for leave to appeal in forma pauperis from that dismissal [Doc. 64]. The inmate trust account information [Doc. 65] establishes that Plaintiff lacks the financial wherewithal to pay the appellate filing f
Summary: ORDER SUSAN K. LEE , Magistrate Judge . This is a prisoner's civil rights action for violation of 42 U.S.C. 1983 that was dismissed with prejudice on January 16, 2020, after Defendants successfully moved for summary judgment [Doc. 61]. Now before the Court is Plaintiff's timely motion for leave to appeal in forma pauperis from that dismissal [Doc. 64]. The inmate trust account information [Doc. 65] establishes that Plaintiff lacks the financial wherewithal to pay the appellate filing fe..
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ORDER
SUSAN K. LEE, Magistrate Judge.
This is a prisoner's civil rights action for violation of 42 U.S.C. § 1983 that was dismissed with prejudice on January 16, 2020, after Defendants successfully moved for summary judgment [Doc. 61]. Now before the Court is Plaintiff's timely motion for leave to appeal in forma pauperis from that dismissal [Doc. 64]. The inmate trust account information [Doc. 65] establishes that Plaintiff lacks the financial wherewithal to pay the appellate filing fee.1 Therefore, Plaintiff's motion for leave to appeal in forma pauperis [Doc. 64] is GRANTED.
Accordingly, Plaintiff is ASSESSED the appellate filing fee of $505.00. Pursuant to 28 U.S.C. § 1915(b)(2), the custodian of Plaintiff's inmate trust account at the Bledsoe County Correctional Complex is DIRECTED to submit to the Clerk, United States District Court, 900 Georgia Avenue, Chattanooga, Tennessee 37402, twenty percent (20%) of Plaintiff's preceding monthly income credited to his account, but only when the amount in the account exceeds ten dollars ($10), until the full $505.00 fee has been paid to the Clerk.
The Clerk is DIRECTED to send a copy of this Order to the custodian of inmate trust accounts at Bledsoe County Correctional Complex and the Attorney General for the State of Tennessee. The Clerk is further DIRECTED to forward a copy of this Order to the Court's financial deputy and to the Clerk of the Sixth Circuit Court of Appeals.
SO ORDERED.
FootNotes
1. Plaintiff's inmate trust account information was not initially filed with the instant motion. Instead, Plaintiff's counsel filed a declaration detailing his difficulty obtaining the prison's cooperation in obtaining the document [Doc. 64-1]. Counsel also stated: "It is my studied opinion that, despite what the appellate clerk may say, no additional in forma pauperis application (or trust fund statement) should even be required. That is because the Plaintiff was already found to be a pauper. See Fed. R. App. P. 24(a)(3). As far as I have seen, no Sixth Circuit case law holds otherwise" [Id.] (footnote omitted). Notwithstanding counsel's studied opinion, counsel is advised that the appellate rules provide that a party who has previously been granted in forma pauperis ("IFP") status need not obtain further authorization to proceed IFP on appeal unless "a statute provides otherwise." Fed. R. App. P. 24(a)(3). The IFP statute explicitly requires a prisoner seeking to appeal a judgment to submit a certified copy of his trust fund statement for the six-month period immediately preceding the notice of appeal. 28 U.S.C. § 1915(a)(2).
Source: Leagle
