Turner v. Knox County Detention Facility et al (AWT)

Filing 21

ORDER, entered as a Judgment by the Clerk: the Court GRANTS defendant Knox County Sheriff Jimmy Jones's motion for leave to file document under seal 12 . The Clerk is DIRECTED to file the previously submitted proposed sealed d ocument 13 under seal. Defendant Allen's first and third motions to dismiss [Docs. 16, 19] are GRANTED, her second motion to dismiss [Doc. 18] is DENIED AS MOOT, and this action is DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915(A) for failure to state a claim upon which relief may be granted. Furthermore, the Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Accordingly, should Plaintiff file a notice of appeal, she is DENIED leave to appeal in forma pauperis. The Clerk is DIRECTED to CLOSE the civil file. Signed by Chief District Judge Thomas A Varlan on August 10, 2017. (copy mailed to Joan Turner 467055, WEST TENNESSEE STATE PENITENTIARY, 7A 31A, P.O. Box 1150, Henning, TN 38041) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
JOAN TURNER,
Plaintiff,
v.
LPN ALLEN, Nurse,
Defendant.

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No.:

3:15-CV-266-TAV-CCS

ORDER
In accordance with the accompanying memorandum opinion, the Court GRANTS
defendant Knox County Sheriff Jimmy Jones’s motion for leave to file document under seal [Doc.
12]. The Clerk is DIRECTED to file the previously submitted proposed sealed document [Doc.
13] under seal.
Additionally, for the reasons set forth the memorandum opinion, defendant Allen’s first
and third motions to dismiss [Docs. 16, 19] are GRANTED, her second motion to dismiss [Doc.
18] is DENIED AS MOOT, and this action is DISMISSED pursuant to 28 U.S.C. §§
1915(e)(2)(B) and 1915(A) for failure to state a claim upon which relief may be granted.
Furthermore, the Court CERTIFIES that any appeal from this action would not be taken in good
faith and would be totally frivolous. See Fed. R. App. P. 24. Accordingly, should Plaintiff file a
notice of appeal, she is DENIED leave to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3);
Fed. R. App. P. 24. The Clerk is DIRECTED to CLOSE the civil file.
IT IS SO ORDERED.
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT