UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

CODY R. MURPHY, ) ) Plaintiff, ) ) v. ) No. 3:23-CV-427-KAC-JEM ) HAMILTON COUNTY SHERIFF’S ) OFFICE, ) ) Defendant. )

MEMORANDUM & ORDER Plaintiff, an inmate in the Hamilton County Jail, has filed (1) a pro se complaint for violation of

arising out of an incident on May 14, 2023, during his confinement [Doc. 1]; (2) a second complaint for violation of Section 1983 arising out of an excessive force incident on November 2, 2023, which the Clerk docketed as an amended complaint [Doc. 4]; and a third complaint for violation of Section 1983, arising out of an undated and unspecified incident involving “assault[],” “battery,” and detention, which the Clerk docketed as another amended complaint [Doc. 9]. Plaintiff has also filed three motions for leave to proceed in forma pauperis [Docs. 6, 7, 10]. This action shall proceed as set forth below. I. FILING FEE Under the Prison Litigation Reform Act (“PLRA”), a prisoner bringing a civil action may apply for permission to file suit without prepaying the filing fee. See

(a). It appears from Plaintiff’s first motion for leave to proceed in forma pauperis that he cannot pay the filing fee in a lump sum [See Doc. 6 at 1-2]. Accordingly, under

, the Court GRANTS his first motion for leave to proceed in forma pauperis [Doc. 6]. Plaintiff is ASSESSED the civil filing fee of three hundred fifty dollars ($350.00). The Court DIRECTS the custodian of Plaintiff’s inmate trust account to submit to the Clerk, U.S. District Court, 800 Market Street, Suite 130, Knoxville, Tennessee 37902, twenty percent (20%) of Plaintiff’s preceding monthly income (or income credited to Plaintiff’s trust account for the preceding month), but only when such monthly income exceeds ten dollars ($10.00), until the full

filing fee of three hundred fifty dollars ($350.00) as authorized under

(a) has been paid to the Clerk. See

(b)(2). To ensure compliance with this fee-collection procedure, the Court DIRECTS the Clerk to mail a copy of this Memorandum and Order to the custodian of inmate accounts at the institution where Plaintiff is now confined. The Court also DIRECTS the Clerk to furnish a copy of this Memorandum and Order to the Court’s financial deputy. This Memorandum and Order shall be placed in Plaintiff’s prison file and follow him if he is transferred to another correctional institution. II. AMENDED COMPLAINTS The Clerk docketed Plaintiff’s second Section 1983 complaint regarding an incident of alleged excessive force on November 2, 2023 as an amended complaint in this case [Doc. 4]. But this second complaint addresses a completely different incident than the one set forth in Plaintiff’s

original complaint [Compare Doc. 1 with Doc. 4]. Moreover, Plaintiff indicates in a letter filed with his first motion for leave to proceed in forma pauperis that he intended his second complaint to be filed as a separate Section 1983 action [See Doc. 6 at 8]. And Plaintiff’s latest-in-time third complaint confirms that he intended to file two separate Section 1983 actions [See Doc. 9 at 6]. As such, it appears that Plaintiff also intended his second motion for leave to proceed in forma pauper [Doc. 7] to be filed in that separate action. Accordingly, the Court DIRECTS the Clerk to (1) file Plaintiff’s second complaint [Doc. 4] and second motion for leave to proceed in forma pauperis [Doc. 7] in a new Section 1983 action; and (2) STRIKE these filings [Docs. 4, 7] from the Court’s docket in this action, to avoid any potential for confusion. But it is unclear what Plaintiff intends to accomplish with his third complaint [Doc. 9] and third motion for leave to proceed in forma pauperis [Doc. 10]. And the Court cannot properly screen Plaintiff’s complaint in this action under the PLRA until the Court understands Plaintiff’s

intended scope of the action. Accordingly, the Court ORDERS Plaintiff to file one amended complaint in this action within thirty (30) days of the entry of this Order. That amended complaint must set forth a short and plain statement of facts and the entity(ies) and/or individual(s) he seeks to hold responsible for each alleged violation under Section 1983. See LaFountain v. Harry,

(6th Cir. 2013). The Clerk SHALL send Plaintiff a Section 1983 complaint form for this purpose. That amended complaint will completely replace Plaintiff’s first complaint [Doc. 1] in this action. Failure to timely comply with this Memorandum and Order will result in dismissal of this action for failure to prosecute and failure to comply with a Court order. See Fed. R. Civ. P. 41(b). III. CONCLUSION For the reasons set forth above:

1. The Court GRANTED Plaintiff’s first motion for leave to proceed in forma pauperis [Doc. 6];

2. The Court ASSESSED Plaintiff the civil filing fee of $350.00;

3. The Court DIRECTED the custodian of Plaintiff’s inmate trust account to submit the filing fee to the Clerk in the manner set for above;

4. The Court DIRECTED the Clerk to provide a copy of this Memorandum and Order to the custodian of inmate accounts at the institution where Plaintiff is now confined and to the Court’s financial deputy;

5. The Court DIRECTED the Clerk (1) to file Plaintiff’s second complaint [Doc. 4] and second motion for leave to proceed without prepayment of fees [Doc. 7] in a new Section 1983 action; and (2) to STRIKE these filings [Docs. 4, 7] from the Court’s docket in this case;

6. The Court ORDERED Plaintiff to file one amended complaint in this action within thirty (30) days of the entry of this Memorandum and Order; and

7. The Court ORDERED the Clerk to send Plaintiff a Section 1983 complaint form for this purpose.

Further, the Court ORDERS Plaintiff to immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Pursuant to Local Rule 83.13, it is the duty of a pro se party to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. E.D. Tenn. L.R. 83.13. Failure to provide a correct address to this Court within fourteen days of any change in address may result in the dismissal of this action. SO ORDERED. ENTER: /s/ Katherine A. Crytzer KATHERINE A. CRYTZER United States District Judge