Crouch v. Lewis Co. Workhouse

1:09-cv-00091 | M.D. Tenn. | May 31, 2011

IN THE UNITED STATES DISTRICT COURT F()R THE MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION TIMOTHY CROUCH and ) DAVID SHARP, ) ) Plaintiff, ) CASE NO. 1:09-00091 ) JUDGE HAYNES v. ) ) LEWIS COUNTY, TENNESSEE, et al., ) ) Defendants. ) 0 R D E R In accordance with the Memorandum filed herewith, Plaintiff Crouch’s complaint is DISMISSED With prejudice Pursuant to the Court’s earlier Order granting Plaintiff Crouch’s application to proceed i_n fo_rrn_a M, Plaintiff is herewith ASSESSED the civil filing fee of $350.00. Pursuant to 28 U.S.C. § 1915(b)( l)(A) and (B), the custodian of the PlaintifF s inmate trust account at the institutions where he now resides is directed to submit to the Clerl< of the Court, as an initial partial payment, whichever is greater of: l (a) twenty percent (20%) of the average monthly deposits to the PlaintifP s inmate trust account; o_r (b) twenty (20%) of the average monthly balance in the Plaintiff’ s inmate trust account for the prior six (6) months. Thereafter, the custodian shall submit twenty percent (20%) of the Plaintiff’ s preceding monthly income (or income credited to the Plaintiff’ s trust account for the preceding month), but only when such monthly income exceeds ten dollars ($10.00), until the full filing fee of three 5 hundred fifty dollars ($350.()0) as authorized under 28 U.S.C. § l9l4(a) has been paid to the Clerl< ofthe Court. 28 U.S.C. § 1915(b)(2). Any appeal of this Order would not be in good faith as required by 28 U.S.C. § 1915(a)(3). Should the Plaintiff decide to file a notice of appeal, he must either pay the Clerk of Court the full appellate filing fee of four hundred fifty five dollars ($455.00) or submit a new application to proceed i_r_i w pa_uM with a certified copy of his inmate trust account statement for the previous six month period. 28 U.S.C. § 1915(a)(1); McGore V. Wrigglesworth, 114 F.3d 601" date_filed="1997-06-11" court="6th Cir." case_name="Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's Department">114 F.3d 601 (6th Cir. 1997). This is the Final Order in this action. lt is so ORDERED. ENTERED this the g_?:lday Of May, 2011. WILLIAM J HA \> United States Distiic Ju