Lyles v. Weatherford et al

Filing 4

ORDER: Plaintiff's application to proceed in forma pauperis 2 is Granted. In accordance with the Memorandum contemporaneously entered, the complaint fails to state a claim upon which relief can be granted. Consequently, this action is hereby D ISMISSED. Entry of this order shall constitute the judgment in this action. Signed by District Judge Kevin H. Sharp on 12/20/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ELVIS D. LYLES, III
Plaintiff,

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v.
SONNY WEATHERFORD, et al.
Defendants.

No. 3:12-1304
Judge Sharp

O R D E R
The Court has before it a pro se complaint (Docket Entry No.1)
under 42 U.S.C. § 1983 and an application to proceed in forma
pauperis (Docket Entry No.2).
It appears from the application that the plaintiff lacks
sufficient financial resources from which to pay the $350.00 filing
fee. Accordingly, plaintiff’s application to proceed in forma
pauperis is GRANTED. 28 U.S.C. § 1915(a).
In accordance with the Memorandum contemporaneously entered,
the complaint fails to state a claim upon which relief can be
granted. Consequently, this action is hereby DISMISSED. 28 U.S.C.
§ 1915(e)(2).
An appeal of the judgment rendered herein would not be taken
in good faith. Coppedge v. United States, 369 U.S. 438, 445-446
(1962). Therefore, the plaintiff is NOT certified to pursue an
appeal of this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3).

Nevertheless, should the plaintiff decide to file a notice of
appeal, he must either pay the Clerk of Court the full appellate
filing fee of four hundred fifty five dollars ($455.00) or submit
a

new

application

to

proceed

in

forma

pauperis.

McGore

v.

Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
Entry of this order shall constitute the judgment in this
action.
It is so ORDERED.

____________________________
Kevin H. Sharp
United States District Judge