Wynn v. Lexington Tennessee City Police Department et al

Filing 12

JUDGMENT IN A CIVIL CASE. Signed by Judge James D. Todd on 3/21/17. (Todd, James)

United States District Court
WESTERN DISTRICT OF TENNESSEE
JUDGMENT IN A CIVIL CASE
JAMES J. WYNN,
Plaintiff,
CASE NUMBER: 16-1196-JDT-cgc
CITY OF LEXINGTON and
THE STATE OF TENNESSEE,
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 3/21/2017, the Court DISMISSES Wynn’s complaint 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. Wynn’s motion for
appointment of counsel (ECF No. 3) 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 third 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). Plaintiff is warned that
he will be 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