Winston v. Shelby County Sheriff's Office et al
Filing
7
ORDER DIRECTING ENTRY OF JUDGMENT, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND NOTIFYING PLAINTIFF OF APPELLATE FILING FEE. Signed by Judge James D. Todd on 7/9/19. (skc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
RYAN WINSTON, JR.,
Plaintiff,
VS.
SHELBY COUNTY, ET AL.,
Defendants.
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No. 17-2623-JDT-cgc
ORDER DIRECTING ENTRY OF JUDGMENT,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
AND NOTIFYING PLAINTIFF OF APPELLATE FILING FEE
Plaintiff Ryan Winston Jr. filed a pro se complaint under 42 U.S.C. § 1983. (ECF
No. 1.) On June 4, 2019, the Court entered an order dismissing the complaint and granting
leave to file an amended complaint. (ECF No. 6.) The Court warned Winston that if he
failed to file an amended complaint within twenty-one days, the Court would assess a strike
pursuant to 28 U.S.C. § 1915(g) and enter judgment. (Id. at PageID 26-27.)
Winston has not filed an amended complaint, and the time within which to do so
has expired. Therefore, judgment will be entered in accordance with the June 4, 2019,
order dismissing the complaint for failure to state a claim. Winston is assessed his first
strike under § 1915(g). This strike shall take effect when judgment is entered. See
Coleman v. Tollefson, 135 S. Ct. 1759, 1763-64 (2015).
It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate
Procedure 24(a), that any appeal in this matter by Winston would not be taken in good
faith.
The Court also must address the assessment of the $505 appellate filing fee if
Winston nevertheless appeals the dismissal of this case. A certification that an appeal is
not taken in good faith does not affect an indigent prisoner plaintiff’s ability to take
advantage of the installment procedures contained in the Prison Litigation Reform Act
(PLRA), 28 U.S.C. §§ 1915(a)-(b). See McGore v. Wrigglesworth, 114 F.3d 601, 610-11
(6th Cir. 1997), partially overruled on other grounds by LaFountain, 716 F.3d at 951.
McGore sets out specific procedures for implementing the PLRA. Winston is instructed
that if he files a notice of appeal and wishes to take advantage of the installment procedures
for paying the appellate filing fee, he must comply with the procedures set out in the PLRA
and McGore 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.
The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE
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