Ray v. Reyes et al
Filing
16
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
JOHNATHAN RAY,
Plaintiff,
CASE NUMBER: 16-2128-JDT-tmp
NURSE REYES, 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 3/20/2017, the Court DISMISSES Ray’s complaint as to the
Defendants 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
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