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Steele v. Ohio Department of Corrections

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

August 22, 2019

CHARLES M. STEELE, Plaintiff,
v.
OHIO DEPARTMENT OF CORRECTIONS, et al., Defendants.

          EDMUND A. SARGUS, JR. CHIEF JUDGE

          ORDER AND INITIAL SCREEN REPORT AND RECOMMENDATION

          ELIZABETH A. PRESTON DEAVERS JUDGE

         Plaintiff 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).

         For the 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.

         I. REQUEST TO PROCEED IN FORMA PAUPERIS

         Having considered Plaintiff's request to proceed in forma pauperis (ECF No. 1), his request is GRANTED.

         Plaintiff's 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.

         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 included on each check.

         Here, 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.

         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 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.

         II. ...


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