Opinion
3:21-cv-00551
10-14-2021
IVAN BURLEY #315059, Plaintiff, v. MAGAN DIXON, et al., Defendants.
ORDER
WILLIAM L. CAMPBELL, UNITED STATES DISTRICT JUDGE.
Plaintiff Ivan Burley, a pretrial detainee at the Davidson County Sheriff's Office in Nashville, Tennessee, filed a pro civil rights Complaint under 42 U.S.C. § 1983 (Doc. No. 1) and an application to proceed as a pauper. (Doc. No. 7).
I. APPLICATION TO PROCEED AS A PAUPER
Plaintiff's application to proceed as a pauper (Doc. No. 7) is GRANTED, and he is ASSESSED the $350.00 filing fee, to be paid as follows:
The custodian of Plaintiff's inmate trust account 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 [Plaintiff's] account; or (B) the average monthly balance in [Plaintiff's] 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 account officer must withdraw from Plaintiff's account and pay to the Clerk monthly payments equal to 20% of all deposits credited to Plaintiff's account during the preceding month, but only when the amount in the account exceeds $10. These payments must continue until the $350.00 filing fee is paid in full. Id. § 1915(b)(2).
The Clerk is DIRECTED to send a copy of this Order to the Davidson County Sheriffs Office to ensure that the custodian of Plaintiff s inmate trust account complies with the portion of 28 U.S.C. § 1915 pertaining to payment of the filing fee. If Plaintiff is transferred from his present place of confinement, the custodian of his inmate trust account MUST ensure that a copy of this Order follows Plaintiff to his new place of confinement for continued compliance with this Order. All payments made in compliance with this Order must clearly identify Plaintiffs name and the case number as shown 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.
II. INITIAL REVIEW
For the reasons stated in the accompanying Memorandum, this action is barred by the doctrine of res judicata. Accordingly, this action is DISMISSED, and the Court CERTIFIES that any appeal would not be taken in good faith. Plaintiff therefore will not be granted leave to proceed as a pauper on any appeal. 28 U.S.C. § 1915(a)(3).
This is the final Order denying all relief in this case. The Clerk SHALL enter judgment. Fed.R.Civ.P. 58(b).
It is so ORDERED.