Tigner v. Memphis Police Department of Shelby County, TN et al

Filing 8

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
CHARLES HENDERSON TIGNER, IV,
Plaintiff,
CASE NUMBER: 16-2287-JDT-cgc
MEMPHIS, TENNESSEE
POLICE DEPARTMENT, 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 Tigner’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. 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