Wynn v. Western Mental Health Institute

Filing 11

JUDGMENT IN A CIVIL CASE. Signed by Judge James D. Todd on 3/20/17. (Todd, James)

United States District Court
WESTERN DISTRICT OF TENNESSEE
JUDGMENT IN A CIVIL CASE
JAMES J. WYNN,
Plaintiff,
CASE NUMBER: 16-1141-JDT-egb
WESTERN MENTAL HEALTH
INSTITUTE (WMHI),
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 3/20/2017, the Court dismisses Wynn’s complaint as to the
Defendant for failure to state a claim on which relief can be granted, pursuant to 28
U.S.C. §§ 1915(e)(2)(B)(ii)-(iii) and 1915A(b)(1)-(2). Leave to amend is DENIED.
Wynn’s motion to appoint counsel is DENIED as moot. 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 second dismissal of one of his
cases as frivolous or for failure to state a claim. This “strike” shall take effect when
judgment is entered. Coleman v. Tollefson, 135 S. Ct. 1759, 1763-64 (2015).

APPROVED:
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE
THOMAS M. GOULD
CLERK
BY: s/Blair Moore
DEPUTY CLERK