Kilian et al v. Ford et al

Filing 8

ORDER DIRECTING ENTRY OF JUDGMENT, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND NOTIFYING PLAINTIFF OF APPELLATE FILING FEE. Signed by Judge James D. Todd on 7/9/19. (skc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
SCOTT KILIAN,
Plaintiff,
VS.
TAMARA FORD, ET AL.,
Defendants.

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No. 18-1112-JDT-cgc

ORDER DIRECTING ENTRY OF JUDGMENT,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
AND NOTIFYING PLAINTIFF OF APPELLATE FILING FEE

Plaintiff Scott Kilian filed a pro se complaint under 42 U.S.C. § 1983. (ECF No.
1.) On June 4, 2019, the Court entered an order dismissing the complaint and granting
leave to file an amended complaint. (ECF No. 7.) The Court warned Kilian that if he failed
to file an amended complaint within twenty-one days, the Court would assess a strike
pursuant to 28 U.S.C. § 1915(g) and enter judgment. (Id. at PageID 29-30.)
Kilian 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 June 4, 2019, order
dismissing the complaint for failure to state a claim. Kilian is assessed his first strike under
§ 1915(g). This strike shall take effect when judgment is entered. See Coleman v.
Tollefson, 135 S. Ct. 1759, 1763-64 (2015).

It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate
Procedure 24(a), that any appeal in this matter by Kilian would not be taken in good faith.
The Court also must address the assessment of the $505 appellate filing fee if Kilian
nevertheless appeals the dismissal of this case. A certification that an appeal is not taken
in good faith does not affect an indigent prisoner plaintiff’s ability to take advantage of the
installment procedures contained in the Prison Litigation Reform Act (PLRA), 28 U.S.C.
§§ 1915(a)-(b). See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997),
partially overruled on other grounds by LaFountain, 716 F.3d at 951. McGore sets out
specific procedures for implementing the PLRA. Kilian is instructed that if he files a notice
of appeal and wishes to take advantage of the installment procedures for paying the
appellate filing fee, he must comply with the procedures set out in the PLRA and McGore
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.
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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