Olivier v. Auto Transport et al

Filing 4

ORDER: The Court has before it a pro se civil Complaint (Doc. No. 1 ) and an Application to proceed in forma pauperis (Doc. No. 2 ). The Plaintiff is a resident of Clarksville, Tennessee. It appears from the Application that he lacks sufficient f inancial resources from which to pay the fee required to file the Complaint. 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. Signed by District Judge Waverly D. Crenshaw, Jr on 1/5/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MARDOCHE OLIVIER Plaintiff, v. AUTO TRANSPORT, et al. Defendants. ] ] ] ] ] ] ] NO. 3:16-cv-3255 JUDGE CRENSHAW ORDER The Court has before it a pro se civil Complaint (Doc. No. 1) and an Application to proceed in forma pauperis (Doc. No. 2). The Plaintiff is a resident of Clarksville, Tennessee. It appears from the Application that he lacks sufficient financial resources from which to pay the fee required to file the Complaint. 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 1 of five hundred five dollars ($505) or submit a new Application to proceed in forma pauperis. Entry of this order shall constitute the judgment in this action. IT IS SO ORDERED. ____________________________ WAVERLY D. CRENSHAW, JR. United States District Judge 2

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