Bell v. Ray et al

Filing 7

JUDGMENT ORDER, entered by the Clerk: this pro se prisoner's civil rights action brought under 42 U.S.C. § 1983 is DISMISSED with prejudice for want of prosecution and for failure to comply with Court orders pursuant to F ederal Rule of Civil Procedure 41(b). Plaintiff's motion for leave to proceed in forma pauperis [Doc. 3] is DENIED. Plaintiff is ASSESSED total court fees in the amount of four hundred ($400.00) dollars, consisting of a filing fee of three hundred fifty dollars ($350.00), and an administrative fee of fifty dollars ($50.00). The Clerk is DIRECTED to forward a copy of this order to the Court's financial deputy. The Court CERTIFIES that any appeal taken in this matter woul d not be taken in good faith. Thus, should Plaintiff file a notice of appeal, he is DENIED leave to proceed in forma pauperis on appeal. The Clerk is DIRECTED to close the civil file at 3:18-cv-217. Signed by Chief District Judge Thomas A Varlan on March 26, 2019. (copy mailed to Jason Bell, CLAIBORNE COUNTY JAIL, 415 STRAIGHT CREEK ROAD, NEW TAZEWELL, TN 37825) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
JASON BELL,
Plaintiff,
v.
DAVID RAY,
TERRESA JOHNSON, and
LARRY MARTIAN,
Defendants.

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No.:

3:18-cv-217-TAV-HBG

JUDGMENT ORDER
In accordance with the accompanying memorandum opinion, this pro se prisoner’s
civil rights action brought under 42 U.S.C. § 1983 is DISMISSED with prejudice for
want of prosecution, McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997)
overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007), and for failure to
comply with Court orders pursuant to Federal Rule of Civil Procedure 41(b).
Plaintiff’s motion for leave to proceed in forma pauperis [Doc. 3] is DENIED.
Plaintiff is ASSESSED total court fees in the amount of four hundred ($400.00) dollars,
consisting of a filing fee of three hundred fifty dollars ($350.00), and an administrative fee
of fifty dollars ($50.00). See 28 U.S.C. § 1914(a); Judicial Conference of the United States,
District Court Miscellaneous Fee Schedule # 14 (effective September 1, 2018). The Clerk
is DIRECTED to forward a copy of this order to the Court's financial deputy.

The Court CERTIFIES that any appeal taken in this matter would not be taken in
good faith. 28 U.S.C. § 1915(a)(3). Thus, should Plaintiff file a notice of appeal, he is
DENIED leave to proceed in forma pauperis on appeal. Id.
The Clerk is DIRECTED to close the civil file at 3:18-cv-217.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ John L. Medearis
CLERK OF COURT

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