Opinion
No. 3:11-cv-01149
01-25-2012
DWAYNE TYRONE SIMMONS, Plaintiff, v. STATE OF TENNESSEE, Defendants.
Judge Haynes
ORDER
Plaintiff, Dwayne Tyrone Simmons, filed this pro se action under 42 U.S.C. § 1983 against a single Defendant, the State of Tennessee. (Docket No. 1). The Plaintiff has filed an application to proceed in forma pauperis, (Docket No. 2).
A review of the Plaintiff's application to proceed in forma pauperis shows that he has insufficient financial resources to pay the filing fee in this action. Therefore, the Clerk will file the complaint in forma pauperis, 28 U.S.C. § 1915(a). However, process shall not issue.
In accordance with the Memorandum filed herewith, the Plaintiff's complaint fails to state claims upon which relief can be granted. Accordingly, this action is hereby DISMISSED. 28 U.S.C. § 1915(e)(2)(B)(ii & iii). Because an appeal from the judgment rendered herein would NOT betaken in good faith, the Plaintiff is NOT certified to pursue an appeal from this judgment in forma pauperis, 28 U.S.C. § 1915(a)(3).
This is the Final Order in this action.
It is so ORDERED.
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William J. Haynes, Jr.
United States District Judge