Douglas v. Bleasley et al

Filing 90

JUDGMENT IN A CIVIL CASE. Signed by Judge James D. Todd on 3/17/17. (Todd, James)

United States District Court
WESTERN DISTRICT OF TENNESSEE
JUDGMENT IN A CIVIL CASE
JEFFREY G. DOUGLAS,
Plaintiff,
CASE NUMBER: 1: 14-1029-JDT-egb
TENNESSEE DEPARTMENT OF
CORRECTION AND
LORI E. AVERY,
Defendants,
Decision by Court. This action came to consideration before the Court. The
issues have been considered and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that in compliance with the order entered in
the above-styled matter on 3/16/2017, the Court dismisses Douglas’s complaint as to
the Defendants for failure to state a claim on which relief can be granted, pursuant to 28
U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b(1). Leave to Amend is DENIED. it is also
CERTIFIED, pursuant to 28 U.S.C. §1915(a)(3), that any appeal in this matter by
Plaintiff would not be taken in good faith. the Plaintiff is instructed that if he wishes to
take advantage of the installment procedures for paying the appellate filing fee, he must
comply with the procedures set out in McGore and § 1915(a)(2) by filing an updated in
forma pauperis affidavit and a current, certified copy of his inmate trust account for the
six months immediately preceding the filing of the notice of appeal. For analysis under
28 U.S.C. § 1915(g) of future filings, if any, by Plaintiff, this is the fourth dismissal of one
of his cases as frivolous or malicious or for failure to state a claim was assessed on
April 28, 2015, before this case was screened.6 This “strike” will take effect when
judgment is entered. Coleman v. Tollefson, 135 S. Ct. 1759, 1763-64 (2015). Plaintiff is
now barred from filing any further actions in forma pauperis while he is a prisoner within
the meaning of 28 U.S.C. § 1915(h) unless he is in imminent danger of serious physical
injury.

APPROVED:
s/James D. Todd
JAMES D. TODD
U.S. DISTRICT JUDGE
THOMAS M. GOULD
CLERK

BY: s/Blair Moore
DEPUTY CLERK