Williams v. Hall et al

Filing 8

ORDER DISMISSING CASE, 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 4/26/2021. (mbm)

Case 1:20-cv-01171-JDT-cgc Document 8 Filed 04/26/21 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
DANIEL LYNN WILLIAMS,
Plaintiff,
VS.
HILTON HALL, JR., ET AL.,
Defendants.

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No. 20-1171-JDT-cgc

ORDER DISMISSING CASE,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

On March 26, 2021, the Court issued an order dismissing Plaintiff Daniel Lynn
Williams’s pro se complaint and granting leave to file an amended complaint. (ECF No.
7.) Williams was warned that if he failed to file an amended complaint within twenty-one
days, the Court would dismiss the case in its entirety, assess a strike pursuant to 28 U.S.C.
§ 1915(g), and enter judgment. (Id. at PageID 19-20.)
Williams has not filed an amended complaint, and the time within which to do so
has expired. Therefore, this case is DISMISSED with prejudice in its entirety, and
judgment will be entered in accordance with the March 26, 2021, order dismissing the
original complaint for failure to state a claim on which relief may be granted. Williams 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).

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The same considerations that led the Court to dismiss the complaint for failure to
state a claim also compel the conclusion that an appeal would not be taken in good faith.
It is therefore CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of
Appellate Procedure 24(a), that any appeal in this case by Williams would not be taken in
good faith. Leave to appeal in forma pauperis is DENIED.
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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