Conrad v. F.C.I./SPC Memphis (F.B.O.P.)

Filing 19

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 7/16/19. (mbm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
RALPH CONRAD,
Plaintiff,
VS.
FEDERAL CORRECTIONAL
INSTITUTION – MEMPHIS,
Defendant.

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No. 18-2189-JDT-cgc

ORDER DIRECTING ENTRY OF JUDGMENT,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
AND NOTIFYING PLAINTIFF OF APPELLATE FILING FEE

On June 12, 2019, the Court entered an order dismissing Plaintiff Ralph Conrad’s
pro se complaint and granting leave to file an amended complaint. (ECF No. 18.) The
Court warned Conrad 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 70.)
Conrad 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 12, 2019, order
dismissing the complaint for failure to state a claim. Conrad 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 Conrad would not be taken in good faith.
The Court also must address the assessment of the $505 appellate filing fee if
Conrad 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. Conrad 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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