Burks v. Coffee

Filing 20

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
MAURICE BURKS,
Plaintiff,
CASE NUMBER: 16-2110-JDT-cgc
LEE COFFEE,
A CRIMINAL COURT JUDGE
FOR THE 7TH DIVISION OF THE
THIRTIETH JUDICIAL DISTRICT
OF TENNESSEE, IN SHELBY COUNTY,
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 3/20/2017, the Court DISMISSES Burks’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. Burk’s motion to appoint
counsel (ECF No. 18) is DENIED as moot. 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