English v. Tennessee Board of Probation and Parole

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

EASTERN DIVISION

JON ENGLISH,

)

Plaintiff, )

)

v. ) Civ. No. 1:24-cv-1071-JDB-tmp

)

TENNESSEE BOARD OF PROBATION )

AND PAROLE, ET AL., )

Defendants. )

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS

ORDER DISMISSING CASE WITHOUT PREJUDICE

AND ASSESSING $405 CIVIL FILING FEE

On March 29, 2024, Plaintiff Jon English, Tennessee Department of Correction prisoner

number 638601, an inmate at the Hardeman County Correctional Facility in Whiteville, Tennessee,

filed a pro se civil complaint. (Docket Entry (“D.E.”) 1.)

On April 1, 2024, the Court ordered Plaintiff to submit the entire $405 civil filing fee or a

current copy of his trust account statement within thirty (30) days of the order. (D.E. 4 at PageID

24.) Plaintiff was warned that, if he failed to comply with the order in a timely manner, the Court

would “deny leave to proceed in forma pauperis, assess the entire filing fee of $405 from his trust

account without regard to the installment payment procedures, and dismiss the action without

further notice pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute.” (Id.

(citation omitted))

Plaintiff has failed to comply with the April 1, 2024, order, and the time for compliance

has expired. The case is hereby DISMISSED without prejudice pursuant to Federal Rule of Civil

Procedure 41(b).

Notwithstanding the dismissal of this action, the Court is still required to assess the civil

filing fee, since the responsibility for paying the filing fee accrues at the time the complaint is filed.

McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997), overruled on other grounds by

LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013); cf. In re Alea, 286 F.3d 378, 381–82 (6th

Cir. 2002) (dismissal of civil action filed by prisoner pursuant to 28 U.S.C. § 1915(g) did not

obviate the obligation to pay the filing fee). Plaintiff is ORDERED to cooperate fully with

correctional officials in carrying out this Order.

The trust fund officer at English’s prison is ORDERED to withdraw from his trust fund

account the sum of $405 and forward that amount to the Clerk of this Court. If the funds in

Plaintiff’s account are insufficient to pay the full amount of the civil filing fee, the prison official

is instructed to withdraw all the funds in Plaintiff’s account and forward them to the Clerk of Court.

On each occasion that funds are subsequently credited to Plaintiff’s account, the prison official

shall immediately withdraw those funds and forward them to the Clerk of Court, until the civil

filing fee is paid in full. The trust fund officer is not required to remit any balances less than $10,

unless that amount would constitute the final installment of the civil filing fee, provided that any

balance under $10 is held in custody for purposes of paying the civil filing fee in this action and is

promptly remitted to the Clerk when sufficient funds are deposited into Plaintiff’s account to bring

the balance to $10.

Each time that the trust fund officer makes a payment to the Court as required by this order,

the trust fund officer shall print a copy of the prisoner’s account statement showing all activity in

the account since the last payment under this order and file it with the Clerk along with the

payment. All payments and account statements shall be sent to:

Clerk, United States District Court, Western District Tennessee

167 N. Main, Ste. 242

Memphis, TN 38103

and shall clearly identify Plaintiff’s name and the case number as it appears on the first page of

this order.

If English is transferred to a different prison or released, he is ORDERED to notify the

Court immediately of his change of address. If still confined, Plaintiff shall provide the officials

at the new prison 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, including a monetary fine

or restrictions on his ability to file future lawsuits in this Court, without additional notice or

hearing.

The Clerk is DIRECTED to mail a copy of this order to the prison official in charge of

prison trust fund accounts and to the Warden to ensure that the custodian of Plaintiff’s inmate trust

account complies with that portion of the Prison Litigation Reform Act, see 28 U.S.C. §§ 1915 (b),

pertaining to the payment of filing fees.

IT IS SO ORDERED this 9th day of October, 2024.

s/J. DANIEL BREEN

UNITED STATES DISTRICT JUDGE