Opinion
No. 2090030, (No. 2:08mc0011).
March 27, 2009
ORDER
The Court has before it a complaint brought under 42 U.S.C. § 1983 The plaintiff, who was incarcerated in the Overton County Justice Center at the time he brought this action, has submitted an application to proceed in forma pauperis
The Clerk has amended the record to reflect the address submitted by the plaintiff in Docket Entry No. 13.
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 plaintiff's application (Docket Entry Nos. 2, 7) is GRANTED The Clerk is directed to FILE the complaint in forma pauperis 28 U.S.C. § 1915(a). However process will not issue.
For the reasons explained in the memorandum entered contemporaneously herewith, this action remains subject to the Prison Litigation Reform Act (PLRA) For reasons also explained in the Court's memorandum, the complaint is DISMISSED for failure to state a claim on which relief may be granted 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1).
Under the PLRA, the "courts have no discretion in permitting a plaintiff to amend a complaint to avoid a sua sponte dismissal" McGore v Wrigglesworth, 114 F.3d 601, 612 (6th Cir. 1997) Moreover, since an appeal from the judgment rendered herein would NOT be taken 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); Coppedge v United States, 369 U.S. 438, 444-46 (1962)
Entry of this Order constitutes the judgment in this action.
It is so ORDERED.