United States District Court, E.D. Kentucky, Central Division, Lexington
MEMORANDUM OPINION AND ORDER
C. REEVES UNITED STATES DISTRICT JUDGE
John Mann is an inmate at the Northpoint Training Center, a
state prison located in Burgin, Kentucky. Proceeding without
a lawyer, Mann filed a Complaint alleging that Aramark, Inc.,
which provides food services under contract with Northpoint,
and certain Northpoint and Aramark employees are violating
his Eighth Amendment right not to be subjected to cruel and
unusual punishment. The crux of Mann's claims is that the
defendants serve him food of inadequate quantity and quality
and, as a result, he is unable to control his diabetes.
[Record No. 1] Mann also filed a number of preliminary
motions, including a motion for leave to proceed in forma
pauperis [Record No. 3], a motion requesting the
appointment of counsel [Record No. 5], and a motion
requesting a jury trial [Record No. 6].
Court has reviewed Mann's fee motion and financial
records and will grant his request to proceed as a pauper.
This means that Mann must pay the $350.00 filing fee in
installments over time and in accordance with 28 U.S.C.
§ 1915(b). The Court will waive the $50.00
administrative fee in this case. See District Court
Miscellaneous Fee Schedule, § 14.
Court will deny Mann's motion for the appointment of
counsel. The plaintiff does not have a constitutional right
to counsel in this civil case, and this matter does not
present the kind of exceptional circumstances that would
otherwise justify the appointment of counsel at
taxpayers' expense. See Lanier v. Bryant, 332
F.3d 999, 1006 (6th Cir. 2003).
Court also will deny as premature Mann's motion for a
jury trial. While the Court acknowledges Mann's demand
for a jury trial, no such trial can occur until after the
defendants have answered Mann's Complaint, the parties
have engaged in any necessary discovery, and the Court has
resolved any dispositive motions.
to Mann's Complaint, the Court has conducted an initial
review of the pleading pursuant to 28 U.S.C. §§
1915A and 1915(e)(2). While Mann names four defendants in his
Complaint, the Court will dismiss his claim against Defendant
Amanda Durrett. Mann's only allegation against Durrett is
that she responded to his grievances. [Record No. 1-1 at 3,
22] The United States Court of Appeals for the Sixth Circuit
has recognized that “[t]he mere denial of a
prisoner's grievance states no claim of constitutional
dimension.” Alder v. Corr. Medical Services,
73 Fed.Appx. 839, 841 (6th Cir. 2003). Therefore, Mann has
failed to state a claim against Durrett.
the Court will allow Mann's claims against the remaining
defendants to proceed. And because the Court has granted Mann
pauper status, it will direct the Clerk's Office and the
United States Marshals Service (USMS) to serve the remaining
defendants with a summons and copy of the Complaint on
it is hereby ORDERED as follows:
Mann's motion for leave to proceed in forma
pauperis [Record No. 3] is GRANTED.
Payment of the $50.00 administrative fee is
WAIVED. However, pursuant to 28 U.S.C.
§ 1915(b), Mann must pay the $350.00 filing fee in the
manner set forth below.
Within 30 days, Mann must pay $10.62 to the Clerk of this
Court as an initial partial filing fee. See 28
U.S.C. § 1915(b)(1)(A).
Clerk of the Court shall open an account in Mann's name
for receipt of the filing fee. The Clerk shall complete a
Notice of Payment Form [E.D. Ky. 525 Form] with (a)
Mann's name, (b) his inmate registration number, and (c)
this case number. The Clerk shall then send a copy of this
Order and the Notice of Payment Form to the Warden of the
institution in which Mann is currently confined.
Mann pays the initial partial filing fee, his custodian shall
send the Clerk of this Court a payment each month out of
Mann's inmate trust fund account. This payment should be
in an amount equal to 20% of Mann's income from the
preceding month. That said, the custodian shall only send a
monthly payment if the amount in Mann's account exceeds
$10.00. Ultimately, the custodian shall continue the monthly
payments until Mann's entire $350.00 filing fee is paid.
See 28 U.S.C. § 1915(b)(2).
Mann's motion for the appointment of counsel [Record No.
5] is DENIED.
Mann's motion for a jury trial [Record No. 6] ...