Coleman-Green v. Jackson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

DA’QUAN COLEMAN-GREEN, ) ) Plaintiff, ) ) VS. ) No. 20-1104-JDT-cgc ) KARL JACKSON, ) ) Defendant. )

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

The pro se prisoner Plaintiff, Da’Quan Coleman-Green, filed a civil complaint while he was incarcerated at the Obion County Jail in Union City, Tennessee. (ECF No. 1.) The Court granted leave to proceed in forma pauperis in accordance with the Prison Litigation Reform Act (PLRA), 28 U.S.C. §§ 1915(a)-(b). (ECF No. 4.) The Court also ordered Coleman-Green to advise the Court of any change of address. (Id. at PageID 24.)

On August 11, 2020, the Court dismissed the complaint for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) but granted leave to file an amended complaint. (ECF No. 6.) Coleman-Green was warned that if he failed to file an amended complaint within 21 days, the Court would dismiss the case in its entirety, assess a strike pursuant to 28 U.S.C. § 1915(g), and enter judgment. (Id. at PageID 31-32.)

However, Coleman-Green’s copy of that order was returned undeliverable on August 20, 2020, with the envelope marked “RTS not here.” (ECF No. 7.)

Coleman-Green has not advised the Court of any change of address and has not filed an amended complaint. The time within which to file an amendment has expired; therefore, this case is DISMISSED with prejudice in its entirety, and judgment will be entered in accordance with the August 11, 2020, order dismissing the original complaint for failure to state a claim. Coleman-Green 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 Coleman-Green would not be taken in good faith. 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