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Beightler v. Beightler

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

July 24, 2019

STEPHEN A. BEIGHTLER, Plaintiff,
v.
MARK STEVEN BEIGHTLER, et al., Defendants.

          Judge Algenon L. Marbley

          REPORT AND RECOMMENDATION AND ORDER

          KIMBERLY A. JOLSON, UNITED STATES MAGISTRATE JUDGE

         Plaintiff 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).

         For the 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).

         I. MOTIONS FOR LEAVE TO PROCEED IN FORMA PAUPERIS

         Upon 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).[1]

         Pursuant 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

         The prisoner's name and this case number must be included on each check.

         Consequently, 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 ...


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