United States District Court, S.D. Ohio, Eastern Division
STEPHEN A. BEIGHTLER, Plaintiff,
MARK STEVEN BEIGHTLER, et al., Defendants.
Algenon L. Marbley
REPORT AND RECOMMENDATION AND ORDER
KIMBERLY A. JOLSON, UNITED STATES MAGISTRATE JUDGE
Stephen A. Beightler, a pro se prisoner, brings this
action against Defendants Mark Steven Beightler and Jeanene
Pat Briggs. (See Doc. 1-1). This matter is before
the undersigned for consideration of Plaintiff's Motions
for Leave to Proceed in forma pauperis (Docs. 1, 3)
and the initial screen of Plaintiff's Complaint under 28
U.S.C. § 1915(e)(2).
reasons that follow, Plaintiff's requests to proceed
in forma pauperis are GRANTED.
Furthermore, having performed an initial screen and for the
reasons that follow, it is RECOMMENDED that
the Court DISMISS without prejudice
Plaintiff's Complaint in its entirety pursuant to 28
U.S.C. §§ 1915(e)(2)(B).
MOTIONS FOR LEAVE TO PROCEED IN FORMA
consideration of Plaintiff's Motions for Leave to Proceed
in forma pauperis under 28 U.S.C. § 1915(a)(1)
and (2) (Doc. 1, 3), Plaintiff's Motions are
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. See Beightler v. Ohio Health,
2:19-cv-2329, Doc. 6 (S.D. Ohio).
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.
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 ...