United States District Court, S.D. Ohio, Eastern Division
A. Sargus, Jr. Chief Judge.
ORDER AND REPORT AND RECOMMENDATION
CHELSEY M. VASCURA, UNITED STATES MAGISTRATE JUDGE.
Phillip Distasio, a state inmate who is proceeding without
the assistance of counsel, brings this action against Gary C.
Mohr, the Director of the Ohio Department of Rehabilitation
and Correction (“ODRC”), alleging that the
ODRC's refusal to provide inmates who are serving a life
sentence with physician-assisted suicide is unconstitutional.
This matter is before the Court for the initial screen of
Plaintiff's Complaint under 28 U.S.C. §§
1915(e)(2) and 1915A to identify cognizable claims and to
recommend dismissal of Plaintiff's Complaint, or any
portion of it, which is frivolous, malicious, fails to state
a claim upon which relief may be granted, or seeks monetary
relief from a defendant who is immune from such relief. 28
U.S.C. § 1915(e)(2); see also McGore v.
Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997). Having
performed the initial screen, for the reasons that follow,
the undersigned RECOMMENDS that the Court
DISMISS this action pursuant to §
1915(e)(2) for failure to state a claim on which relief may
matter is also before the Court for consideration of
Plaintiff's motion for leave to proceed in forma
pauperis under 28 U.S.C. § 1915(a)(1) and (2). (ECF
No. 1.) Plaintiff's motion is GRANTED.
Plaintiff is required to pay the full amount of the
Court's $350 filing fee. 28 U.S.C. § 1915(b)(1).
Plaintiff's certified trust fund statement reveals that
he had the sum of twelve cents in his prison account as of
January 22, 2018. That amount is insufficient to pay the full
to 28 U.S.C. § 1915(b)(1), the custodian of
Plaintiff's inmate trust account (Inmate Number A-513817)
at Toledo Correctional Institution is
DIRECTED to submit to the Clerk of the
United States District Court for the Southern District of
Ohio as an initial partial payment, 20% of the greater of
either the average monthly deposits to the inmate trust
account or the average monthly balance in the inmate trust
account, for the six-months immediately preceding the filing
of the Complaint. After full payment of the initial, partial
filing fee, the custodian shall submit 20% of the
inmate's preceding monthly income credited to the
account, but only when the amount in the account exceeds
$10.00 until the full fee of $350.00 has been paid to the
Clerk of this Court. 28 U.S.C. § 1915(b)(2). See
McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
Checks should be made payable to: Clerk, United States
checks should be sent to:
Prisoner Accounts Receivable
260 U.S. Courthouse
85 Marconi Boulevard
Columbus, Ohio 43215
prisoner's name and this case number must be included on
ORDERED that Plaintiff be allowed to
prosecute his action without prepayment of fees or costs and
that judicial officers who render services in this action
shall do so as if the costs had been prepaid. The Clerk of
Court is DIRECTED to mail a copy of this
Order to Plaintiff and the prison cashier's office. The
Clerk is further DIRECTED to forward a copy
of this Order to the Court's financial office in
enacted 28 U.S.C. § 1915, the federal in forma
pauperis statute, seeking to “lower judicial
access barriers to the indigent.” Denton v.
Hernandez, 504 U.S. 25, 31 (1992). In doing so, however,
“Congress recognized that ‘a litigant whose
filing fees and court costs are assumed by the public, unlike
a paying litigant, lacks an economic incentive to refrain
from filing frivolous, malicious, or repetitive
lawsuits.'” Id. at 31 (quoting Neitzke
v. Williams, 490 ...