United States District Court, S.D. Ohio, Eastern Division
C. Smith Judge
REPORT AND RECOMMENDATION AND ORDER
KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE
Daniel Green, a pro se prisoner, brings this action
against Defendants Mr. Dorman and Aramark Corporation.
(See Doc. 1-1). This matter is before the
undersigned for consideration of Plaintiff's Motion for
Leave to Proceed in forma pauperis (Doc. 1) and the
initial screen of Plaintiff's Complaint under 28 U.S.C.
reasons that follow, Plaintiff's request to proceed
in forma pauperis is GRANTED.
Furthermore, having performed an initial screen and for the
reasons that follow, it is RECOMMENDED that
the Court DISMISS Plaintiff's Complaint
in its entirety pursuant to 28 U.S.C. § 1915(e)(2)(B).
MOTION FOR LEAVE TO PROCEED IN FORMA
consideration of Plaintiff's Motion for Leave to Proceed
in forma pauperis under 28 U.S.C. § 1915(a)(1)
and (2) (Doc. 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 has an insufficient amount to pay
the full filing fee. (Id.).
to 28 U.S.C. § 1915(b)(1), the custodian of
Plaintiff's inmate trust account at the Madison
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 and 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
it is 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