Van-Aken v. Obion County Jail et al

Filing 7

ORDER DIRECTING ENTRY OF JUDGMENT, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS. Signed by Judge James D. Todd on 3/28/18. (skc) (Main Document 7 replaced on 3/28/2018 - corrected name of Plaintiff in Order (Order Regenerated at the request of the Court) (ejc).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
PATRICK JON VAN AKEN
Plaintiff,
VS.
OBION COUNTY, ET AL.,
Defendants.

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No. 16-1013-JDT-cgc

ORDER DIRECTING ENTRY OF JUDGMENT,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

On January 19, 2016, Plaintiff Patrick Jon Van Aken, who was, at the time,
incarcerated at the Obion County Jail in Union City, Tennessee, filed a pro se complaint
pursuant to 42 U.S.C. § 1983. (ECF No. 1.) The Court granted Plaintiff’s motion for leave
to proceed in forma pauperis and assessed the civil filing fee pursuant to 28 U.S.C.
§§ 1915(a)-(b). (ECF No. 4.) That order also directed Plaintiff to notify the Court
immediately, in writing, of any change of address and warned that failure to do so could
result in dismissal of the action without further notice. (Id. at 3.)
The Court issued an order on February 13, 2018, dismissing the complaint for failure
to state a claim but granting leave to amend within thirty days. (ECF No. 5.) Plaintiff was
warned that failure to file an amendment would result in the entry of judgment and

assessment of a “strike” pursuant to 28 U.S.C. §1915(g). (Id. at 16.) However, that order
was returned undeliverable on March 5, 2018. (ECF No. 6.)
Plaintiff has failed to provide the Court with a current address and has failed to file
an amended complaint within the time specified; therefore, judgment will be entered in
accordance with the order of dismissal.
It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate
Procedure 24(a), that an appeal would not be taken in good faith. Leave to appeal in forma
pauperis is DENIED.
For analysis under 28 U.S.C. § 1915(g) of future filings, if any, by Plaintiff, this is the
first dismissal of one of his cases as frivolous or for failure to state a claim. This “strike”
shall take effect when judgment is entered. See Coleman v. Tollefson, 135 S. Ct. 1759,
1763-64 (2015).
The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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