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Cooper v. Wamsley

United States District Court, S.D. Ohio, Eastern Division

February 12, 2018

JOHN ANTHONY COOPER, Plaintiff,
v.
BRENDA WAMSLEY, et al., Defendants.

          Algenon L. Marbley Judge.

          ORDER AND REPORT AND RECOMMENDATION AND DEFICIENCY NOTICE

          CHELSEY M. VASCURA, UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, 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.

         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 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 named defendants.

         This 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).

         Plaintiff's 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.

         Pursuant 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.

         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 District Court. The checks should be sent to:

Prisoner Accounts Receivable
260 U.S. Courthouse
85 Marconi Boulevard
Columbus, Ohio 43215

         The prisoner's name and this case number must be ...


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