The opinion
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
DONTARIOUS BROWN, )
)
Plaintiff, )
)
VS. ) No. 19-1231-JDT-cgc
)
MADISON COUNTY SHERIFF’S )
DEPARTMENT, )
)
Defendant. )
ORDER ASSESSING PRO RATA FILING FEE
OF $31.81 PURSUANT TO PLRA
Plaintiff Dontarious Brown and ten other individuals, all of whom at the time were
incarcerated at the Madison County Criminal Justice Complex (CJC) in Jackson,
Tennessee, filed a joint pro se complaint under 42 U.S.C. § 1983. (ECF No. 1.) The
complaint was opened as case number 19-1149-JDT-cgc. On August 7, 2019, the Court
directed each Plaintiff to file an in forma pauperis affidavit and a copy of his inmate trust
account statement, as required by the Prison Litigation Reform Act (PLRA), 28 U.S.C.
§§ 1915(a)-(b). (ECF No. 2.) Only Plaintiff Brown and three others complied. On October
2, 2019, the Court granted those four Plaintiffs leave to proceed in forma pauperis and
stated their pro rata shares of the filing fee would be assessed in separate orders. (ECF
No. 4 at PageID 14.) The Court also severed the claims of Plaintiffs Brown, Moore and
Taylor and directed the Clerk to open a new civil case for each of them, (id. at PageID 15);
Plaintiff Brown’s case was opened as case number 19-1231-JDT-cgc.
Under the PLRA, 28 U.S.C. § 1915(b), a prisoner bringing a civil action must pay
the filing fee required by 28 U.S.C. § 1914(a).1 Although the obligation to pay the fee
accrues at the moment the case is filed, see McGore v. Wrigglesworth, 114 F.3d 601, 605
(6th Cir. 1997), partially overruled on other grounds by LaFountain v. Harry, 716 F.3d
944, 951 (6th Cir. 2013), the PLRA provides the prisoner the opportunity to make a “down
payment” of a partial filing fee and pay the remainder in installments. Id. at 604.
Accordingly, Plaintiff Brown 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).
It is 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
1 The civil filing fee is $350. See 28 U.S.C. § 1914(a). Eleven Plaintiffs signed the
original complaint, so Plaintiff Brown’s share of the filing fee is $31.81. Because the fee cannot
be divided equally between eleven individuals, the Clerk shall disregard the slight shortfall
resulting from the pro rata assessment.
account during the preceding month, but only when the amount in the account exceeds $10,
until Brown’s $31.81 share of the civil filing fee is paid.
Each time the trust account officer makes a payment to the Court as required by this
order, he shall submit to the Clerk along with the payment a copy of the prisoner’s account
statement showing all activity in the account since the last payment under this order. All
payments and account statements should be sent to:
Clerk, United States District Court, Western District of Tennessee,
111 S. Highland Ave., Rm. 262, Jackson, TN 38301
and shall clearly identify Plaintiff’s name and the case number as included on the first page
of this order.
If Plaintiff Brown 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.
The Clerk shall mail a copy of this order to the official in charge of trust fund
accounts at Plaintiff’s prison.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE