Young v. Gupton et al

Filing 12

JUDGMENT IN A CIVIL CASE. Signed by Judge James D. Todd on 3/21/17. (Todd, James)

United States District Court
WESTERN DISTRICT OF TENNESSEE
JUDGMENT IN A CIVIL CASE

ADRIAN DONTRELL YOUNG,
Plaintiff,
CASE NUMBER: 16-2086-JDT-cgc
WILLIAM J. GUPTON, JR., ET AL.,
Defendants,
Decision by Court. This action came to consideration before the Court. The
issues have been considered and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that in compliance with the order entered in
the above-styled matter on 3/16/2017, the Court DISMISSES Young’s complaint for
failure to state a claim on which relief can be granted, pursuant to 28 U.S.C. §§
1915(e)(2)(B)(ii) and 1915A(b(1). Leave to amend is DENIED. All pending motions are
also DENIED. It is also CERTIFIED, pursuant to 28 U.S.C. §1915(a)(3), that any appeal
in this matter by Plaintiff would not be taken in good faith. The Plaintiff is instructed that
if he wishes to take advantage of the installment procedures for paying the 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. Coleman v. Tollefson, 135 S. Ct. 1759, 1763-64
(2015).

APPROVED:
s/James D. Todd
JAMES D. TODD
U.S. DISTRICT JUDGE
THOMAS M. GOULD
CLERK
BY: s/Blair Moore
DEPUTY CLERK