Gordon v. Barlow et al (PLR2)
Filing
10
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 6/1/16. (Todd, James)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
ANTWON GORDON,
Plaintiff,
VS.
TERRY BARLOW, ET AL.,
Defendants.
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No. 15-2024-JDT-tmp
ORDER DIRECTING ENTRY OF JUDGMENT,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
AND NOTIFYING PLAINTIFF OF APPELLATE FILING FEE
On December 17, 2014, Plaintiff Antwon Gordon, who was, at the time, incarcerated at the
Morgan County Correctional Complex in Wartburg, Tennessee, filed a pro se complaint pursuant
to 42 U.S.C. § 1983 and a motion to proceed in forma pauperis in the U.S. District Court for the
Eastern District of Tennessee. (ECF Nos. 1 & 2.) On January 13, 2015, U.S. District Judge Pamela
L. Reeves issued an order assessing the civil filing fee pursuant to 28 U.S.C. §§ 1915(a)-(b) and
transferring the case to this district, where venue is proper. (ECF No. 3.) Plaintiff was subsequently
transferred to the Whiteville Correctional Facility in Whiteville, Tennessee. (See ECF Nos. 7 & 8.)
On April 7, 2016, the Court issued an order that, inter alia, dismissed the complaint for
failure to state a claim but granted leave to amend within thirty days. (ECF No. 9.) 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 11.) 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 April 7, 2016, 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.
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 § 1915(b). See
McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997), partially overruled on other
grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013). McGore sets out specific
procedures for implementing the PLRA, 28 U.S.C. §§ 1915(a)-(b). Therefore, Plaintiff is instructed
that if files a notice of appeal and wishes to take advantage of the installment procedures for paying
the $505 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 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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