United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
G. MASTROIANNI, UNITED STATES DISTRICT JUDGE.
November 13, 2018, Plaintiff Kenneth Wayne Lewis
(“Lewis”), an inmate now in custody at FMC
Devens, filed his self-prepared complaint. (Dkt. No. 1,
Compl.). With the complaint, Lewis filed an affidavit (Dkt.
No. 2, Aff.) and a one-page motion seeking immediate relief.
(Dkt. No. 3, Pl.'s TRO).
pro se, seven-page complaint is handwritten and
single spaced. Compl. It identifies as defendants Warden
Spaulding and Unit Manager-N3. Id. The complaint is
accompanied by eight pages of exhibits concerning Lewis'
criminal sentence and pre-sentence report. Id. The
complaint contains pages of paragraphs (numbered and
unnumbered) covering myriad alleged details of Lewis'
conviction, his former incarceration at FCI Ft. Dix, and his
conditions of confinement at FMC Devens. Id. As best
can be gleaned from the complaint, Lewis alleges that (1) he
was denied access to the court, (2) he was forcibly
transferred from FCI Fort Dix to FMC Devens without court
order; (3) he is restricted to a mental unit at FMC Devens;
(4) his Inmate Central File at the Federal Bureau of Prisons
contains inaccurate information; (5) Warden Spaulding and the
Unit Manager fail to answer or respond to Lewis' inmate
request forms; and (6)
falsely imprisoned under a criminal sentence that that was
based upon an inaccurate pre-sentence report. Id.
Lewis describes his medical condition as consisting of a
“leaking valve” and complains that his medical
records have been falsified. Id. at p. 6. For
relief, Lewis seeks, among other things, (1) transfer to a
“mental unit” and/or “camp” status;
(2) indigent status in order to receive free copies and
postage; (3) removal of falsified records from his
“central” files; (4) provision of documents to
the chief of probation for the Central District of Illinois
to allow for Lewis' release; (5) restitution for
kidnapping, false imprisonment and mail fraud; and (6)
monetary damages. Id. p. 6 - 7.
motion seeking immediate relief, Lewis represents that
because of his heart condition, he wears a LifeVest.
Pl.'s TRO. He states that the LifeVest monitors his heart
functions daily and that a report should be sent daily.
Id. He contends that in the event of a medical
emergency at night, the staff would be unable to hear him
because he is locked in a cell without a functioning intercom
system. Id. He seeks immediate transfer to
“the camp” and again contends that he is falsely
reasons stated below, Plaintiff's motion for immediate
relief is denied without prejudice and he is advised that if
he wishes to proceed with this action, he must file an
amended complaint accompanied by an application to proceed
without prepayment of fees and affidavit with a copy of his
prison account statement. The Clerk is directed to send a
copy of this Memorandum and Order to Warden Spaulding and
legal counsel with a request for a status report to be filed.
initial matter, Plaintiff filed this civil action but failed
to pay the filing fee or to seek a waiver thereof. A party
bringing a civil action must either (1) pay the $350.00
filing fee and the $50.00 administrative fee, see 28
U.S.C. § 1914(a); or (2) seek leave to proceed without
prepayment of the filing fee, see 28 U.S.C. §
1915 (proceedings in forma pauperis). Where, as
here, the plaintiff is a prisoner, a motion for waiver of
prepayment of the filing fee must be accompanied by “a
certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint . .
. obtained from the appropriate official of each prison at
which the prisoner is or was confined.” 28 U.S.C.
other civil litigants, prisoner plaintiffs are not entitled
to a complete waiver of the filing fee, notwithstanding the
grant of in forma pauperis status. Based on the
information contained in the prison account statement, the
Court will direct the appropriate prison official to withdraw
an initial partial payment from the plaintiff's account,
followed by payments on a monthly basis until the entire
$350.00 filing fee is paid in full. See 28 U.S.C.
§ 1915(b)(1)-(2). Even if the action is dismissed upon a
preliminary screening, see 28 U.S.C. §§
1915(e)(2), 1915A, the plaintiff remains obligated to pay the
filing fee, see McGore v. Wrigglesworth, 114 F.3d
601, 607 (6th Cir. 1997) (§ 1915(b)(1) compels the
payment of the fee at the moment the complaint is filed).
Plaintiff wishes to proceed with this action, he will be
granted additional time either to (1) pay the $400.00 filing
and administrative fees; or (2) file an application to
proceed in forma pauperis accompanied by a certified
prison account statement.
Preliminary Screening of the Complaint
28 U.S.C. § 1915A, prisoner complaints in civil actions
that seek redress from a governmental entity or officers or
employees of a governmental entity are subject to screening.
Section 1915A authorizes federal courts to dismiss a
complaint sua sponte if the claims therein lack an
arguable basis in law or in fact, fail to state a claim on
which relief may be granted, or seek monetary relief against
a defendant who is immune from such relief. See 28
U.S.C. § 1915A(b). In conducting this review, ...