Lozano v. City of Clarksville et al
ORDER DISMISSING CASE: Because it is clear that the plaintiff is financially unable to pay the full filing fee in advance, the plaintiffs application (ECF No. 2 ) is GRANTED. As set forth in the accompanying memorandum opinion, the court finds that the complaint fails to allege facts sufficient to state any claims upon which relief may be granted. Accordingly, this action is DISMISSED. Signed by District Judge Aleta A. Trauger on 2/23/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
CITY OF CLARKSVILLE et al.,
The plaintiff Troy Lozano, proceeding pro se, has filed a civil complaint against
defendants City of Clarksville (“City”) and Officer T. Bell. (ECF No. 1.) Before the court is the
plaintiff’s application to proceed in forma pauperis. (ECF No. 2.) Because it is clear that the
plaintiff is financially unable to pay the full filing fee in advance, the plaintiff’s application (ECF
No. 2) is GRANTED.
Having granted the plaintiff leave to proceed in forma pauperis, the court must conduct
an initial screening of the complaint and dismiss it if it fails to state a claim upon which relief
may be granted, is frivolous or malicious, or seeks relief from defendants who are immune from
such relief. 28 U.S.C. § 1915(e)(2); cf. Brewer v. Cleveland Mun. Sch. Dist., 84 F. App’x 570,
571-73 (6th Cir. 2003) (affirming a district court’s dismissal under § 1915(e)(2) of a complaint
filed by a non-prisoner who was proceeding in forma pauperis).
Having conducted such a review, as set forth in the accompanying memorandum opinion,
the court finds that the complaint fails to allege facts sufficient to state any claims upon which
relief may be granted. Accordingly, this action is DISMISSED.
The same considerations that lead the court to dismiss this case for failure to state a claim
also compel the conclusion that an appeal would not be taken in good faith. It is therefore
CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal in this matter by the plaintiff
would not be taken in good faith, and the plaintiff will not be granted leave by this court to
proceed on appeal in forma pauperis.
It is so ORDERED.
This is a final order for purposes of Rule 58 of the Federal Rules of Civil Procedure.
ALETA A. TRAUGER
UNITED STATES DISTRICT JUDGE
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