Manley v. Fayette County Justice Center

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

JOE GLENN MANLEY, ) ) Plaintiff, ) ) VS. ) No. 19-2343-JDT-cgc ) FAYETTE COUNTY, ET AL., ) ) Defendants. )

ORDER DISMISSING CASE, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS

On October 28, 2019, the Court issued an order dismissing Plaintiff Joe Glenn Manley’s pro se complaint and granting leave to file an amended complaint. (ECF No. 12.) Manley was warned 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 56.)

Manley has not filed an amended complaint, and the time within which to do so has expired. Therefore, this case is DISMISSED in its entirety, and judgment will be entered in accordance with the October 28, 2019, order dismissing the original complaint for failure to state a claim. Manley 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 Manley would not be taken in good faith.

Therefore, leave to appeal in forma pauperis is DENIED.

The Clerk is directed to prepare a judgment.

IT IS SO ORDERED. s/ James D. Todd JAMES D. TODD UNITED STATES DISTRICT JUDGE