United States District Court, S.D. Ohio, Eastern Division
Algenon L. Marbley Judge.
ORDER AND REPORT AND RECOMMENDATION AND DEFICIENCY
CHELSEY M. VASCURA, UNITED STATES MAGISTRATE JUDGE.
John Anthony Cooper, an Ohio inmate proceeding without the
assistance of counsel, brings this action under 42 U.S.C.
§ 1983. Plaintiff alleges that three employees of the
Ohio Department of Rehabilitation and Correction deprived him
of rights guaranteed to him by the United States Constitution
when they interfered with his access to the courts by
refusing to notarize documents that Plaintiff intended to
file in state courts. Plaintiff alleges that the
Defendants' actions deprived him of opportunities to seek
appellate review of his conviction and sentence and that,
after Plaintiff successfully grieved their actions,
Defendants retaliated against him by again interfering with
his access to the courts. Plaintiff also names
“John/Jane Does” in the caption of his Complaint
but does not mention these defendants in the body of his
Complaint. (ECF No. 1.) Plaintiff seeks compensatory damages
and declaratory and injunctive relief.
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 of the Complaint required by 28
U.S.C. §§ 1915(e)(2) and 1915A, it is
RECOMMENDED that the Court
DISMISS Plaintiff's John and Jane Doe
Defendants. Plaintiff may proceed on his claims against the
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. 3.) 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).
affidavit reveals that he currently possesses thirteen cents
in his prison account, which is insufficient to pay the full
filing fee. His application indicates that his monthly income
is twenty dollars.
to 28 U.S.C. § 1915(b)(1), the custodian of
Plaintiff's inmate trust account (Inmate ID: A725765) at
the Pickaway 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.
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).
should be made payable to: Clerk, United States District
Court. The 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 ...