Becton v. Weirich et al

Filing 15

JUDGMENT IN A CIVIL CASE. Signed by Judge James D. Todd on 3/22/17. (Todd, James)

United States District Court
WESTERN DISTRICT OF TENNESSEE
JUDGMENT IN A CIVIL CASE
XAVIER BECTON,
Plaintiff,
CASE NUMBER: 16-2233-JDT-cgc
SHELBY COUNTY, 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 3/21/2017, the Court DISMISSES Becton’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. Plaintiff’s motion for
status of the case is DENIED as moot. It is also CERTIFIED, pursuant to 28 U.S.C.
§ 1915(a)(3), that any appeal in this matter by Becton would not be taken in good faith.
Becton 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
Becton, 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