Johnson v. Shelby County Jail

Filing 13

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
DONELL JOHNSON,
Plaintiff,
CASE NUMBER: 16-2317-JDT-cgc
SHELBY COUNTY,
Defendant,
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 Johnson’s complaint as to
the Defendant 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