Hamby v. Dr. Hernandez et al

Filing 64

JUDGMENT IN A CIVIL CASE. Signed by Judge James D. Todd on 3/24/17. (Todd, James)

United States District Court
WESTERN DISTRICT OF TENNESSEE
JUDGMENT IN A CIVIL CASE

WILLIAM DAVIDSON HAMBY, JR.,
Plaintiff,
v.

CASE NUMBER: 2:16-2399 JDT-cgc

DR. BENITEZ, 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 Consent Order
entered on 3/23/17 in the above-styled matters, the Court DISMISSES Hamby’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
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.
APPROVED:
s/James D. Todd
JAMES D. TODD
U.S. DISTRICT JUDGE
THOMAS M. GOULD
CLERK
BY: s/Cassandra Ikerd
DEPUTY CLERK