White v. Wakulla Cnty., CASE NO. 4:12-cv-368-SPM-GRJ

• Decision Date: 06 November 2012
• Docket Number: CASE NO. 4:12-cv-368-SPM-GRJ
• Parties: DEXTER WANZEL WHITE, Plaintiff, v. WAKULLA COUNTY, et al., Defendants.
• Court: U.S. District Court — Northern District of Florida

DEXTER WANZEL WHITE, Plaintiff,

v.WAKULLA COUNTY, et al., Defendants.

CASE NO. 4:12-cv-368-SPM-GRJ

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

Dated: November 6, 2012

ORDER

This case is before the Court on Doc. 2, Plaintiff's Motion for Leave to Proceed in forma pauperis; Doc. 3, Plaintiff's motion for preliminary injunction; Doc. 8, and Plaintiff's Amended Motion for Leave to Proceed in forma pauperis.

Leave to Proceed in forma pauperis

The Court has considered the information submitted by Plaintiff in support of his amended motion to proceed in forma pauperis and concludes that the motion is due to be granted. The Court finds that Plaintiff does not have sufficient funds to pay an initial partial filing fee as provided in 28 U.S.C. § 1915(b)(1)(A); however, Plaintiff is assessed the total $350.00 filing fee.

Plaintiff is required to make monthly payments of twenty percent of the preceding month's income (that is, all funds deposited into the account) credited to the account. Upon receipt of this Order, the agency having custody of Plaintiff shall forward payments from Plaintiff's account on a monthly basis to the Clerk of Court each time the amount in the account exceeds $10.00. These payments shall continue until the filingfee of $350.00 is paid in full. A check from a penal institution, a cashier's check, or a money order should be made payable to "Clerk, U.S. District Court." The following information shall either be included on the face of the payment or attached thereto: (1) the full name of the prisoner; (2) the prisoner's inmate number and, (3) Northern District Florida Case Number 4:12-cv-368-SPM-GRJ. Checks or money orders which do not have this information will be returned.

Plaintiff is warned that he is ultimately responsible for payment of the filing fee if the agency with custody over him/her lapses in its duty to make payments on his/her behalf. For this reason, if Plaintiff is transferred to another jail or institution, Plaintiff should ensure that the new institution is informed about this lawsuit and the required monthly payments as set out herein. Plaintiff is advised to retain a copy of this Order for this purpose.

Preliminary Injunction

Granting or denying a preliminary injunction is a decision within the discretion of the district court. Carillon Importers, Ltd. v. Frank Pesce Intern. Group Ltd., 112 F.3d 1125, 1126 (11th Cir. 1997), citing United States v. Lambert, 695 F.2d 536, 539 (11th Cir. 1983). Guiding this discretion is the required finding that plaintiff establish:

(1) a substantial likelihood of success on the merits;

(2) a substantial threat of irreparable injury if the injunction were not granted;

(3) that the threatened injury to the plaintiffs outweighs the harm an injunction may cause the defendant; and

(4) that granting the injunction would not disserve the public interest.

Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir. 2000); Carillon Importers, Ltd., 112

F.3d at 1126; United States v. Jefferson County, 720 F.2d 1511, 1519 (11th Cir. 1983). A preliminary injunction is an extraordinary and drastic remedy and should not be granted unless the movant "clearly carries the burden of persuasion" of all four prerequisites, which is always upon the plaintiff. Jefferson County, 720 F.2d at 1519, citing Canal Auth. v....