United States District Court, S.D. Ohio, Eastern Division
CHARLES M. STEELE, Plaintiff,
OHIO DEPARTMENT OF CORRECTIONS, et al., Defendants.
A. SARGUS, JR. CHIEF JUDGE
ORDER AND INITIAL SCREEN REPORT AND
ELIZABETH A. PRESTON DEAVERS JUDGE
Charles M. Steele, a state inmate proceeding without the
assistance of counsel, brings this action against the Ohio
Department of Rehabilitation and Corrections
(“ODRC”), Gary “Morh” (Director of
ODRC), Charlotte Jenkins (Warden at Chillicothe Correctional
Institution (“CCI”)), Tim Shoop (CCI Warden), and
Richard T. Cholar, Jr. (Assistant Attorney General). This
matter is before the undersigned for consideration of
Plaintiff's request to proceed in forma pauperis
(ECF No. 1) and for an 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), 1915A(b); see also McGore v.
Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997).
reasons that follow, Plaintiff's request to proceed
in forma pauperis (ECF No. 1) is
GRANTED, but it is
RECOMMENDED that this action be dismissed in
its entirety pursuant to 28 U.S.C. § 1915(e)(2) for
failure to state a claim on which relief may be granted.
REQUEST TO PROCEED IN FORMA PAUPERIS
considered Plaintiff's request to proceed in forma
pauperis (ECF No. 1), his request is
August 9, 2019, account statement reveals that he currently
possesses the sum of $36.54 in his prison account, which is
insufficient to pay the full filing fee. Pursuant to 28
U.S.C. § 1915(b)(1), the custodian of Plaintiff's
inmate trust account (#A306310) at the Chillicothe
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 included on
the undersigned notes that Plaintiff has submitted
contemporaneously with his request to proceed in forma
pauperis a check from CCI in the amount of $35.00. The
Clerk is DIRECTED to process this check
consistent with the foregoing instructions.
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 the prison cashier's office. The Clerk is
further DIRECTED to forward a copy of this
Order to the Court's financial office in Columbus.