Wright v. Whiteville Correctional Facility et al

Filing 11

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 5/2/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
WINFRED WRIGHT,
Plaintiff,
VS.
WHITEVILLE CORRECTIONAL
FACILITY, ET AL.,
Defendants.

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No. 17-1083-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 April 26, 2017, the pro se prisoner Plaintiff, Winfred Wright, filed a 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. 8.) On March 23, 2018, the Court issued an order dismissing the
complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a
claim but granting leave to amend within thirty days. (ECF No. 10.) 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 9.) However, Plaintiff has not filed an
amended complaint, and the time within which to do so has expired. Therefore, judgment
will be entered in accordance with the March 23, 2018 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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