Perry v. Maynard

Filing 7

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 3/31/21. (skc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
SANCHO JERMAL PERRY,
Plaintiff,
VS.
MITCHELL MAYNARD,
Defendant.

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No. 21-1022-JDT-cgc

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

On February 22, 2021, the Court issued an order dismissing Plaintiff Sancho Jermal
Perry’s pro se complaint and granting leave to file an amended complaint. (ECF No. 6.)
Perry 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 35-36.)
Perry 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 February 22, 2021, order dismissing the original
complaint for failure to state a claim on which relief may be granted. Perry 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).

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 Perry 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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