Jones v. Stacy

District Court, E.D. Tennessee

Jones v. Stacy

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

TOMMY EARL JONES, ) ) Plaintiff, ) ) v. ) No. 3:23-CV-53-KAC-DCP ) OFFICER STACY and ) UNKOWN OFFICER, ) ) Defendants. )

JUDGMENT ORDER

Plaintiff has failed to pay the filing fee in this pro se civil rights action under

42 U.S.C. § 1983

, and the deadline to do so has long passed [See Doc. 5]. The Court previously warned that “[i]f Plaintiff fails to timely pay the filing fee, the Court will dismiss this action without prejudice.” [Id. at 3]. That warning has come to fruition. Accordingly, the Court DISMISSES this action without prejudice. Plaintiff is also assessed the filing fee of $402.00. See In re Alea,

286 F.3d 378, 380-81

(6th Cir. 2002). Further, the Court CERTIFIES that any appeal from this decision would not be taken in good faith and would be totally frivolous. See

28 U.S.C. § 1915

(a)(3). Therefore, if Plaintiff should file a notice of appeal, the Court DENIES leave to proceed in forma pauperis without further authorization. See

28 U.S.C. § 1915

(a)(3); Fed. R. App. P. 24(a)(3). SO ORDERED. s/ Katherine A. Crytzer KATHERINE A. CRYTZER United States District Judge

ENTERED AS A JUDGMENT: /s/ LeAnna R. Wilson CLERK OF COURT

Reference

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