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Buntyn v. CJC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION
Aug 17, 2020
No. 20-1108-JDT-cgc (W.D. Tenn. Aug. 17, 2020)

Opinion

No. 20-1108-JDT-cgc

08-17-2020

OCTAVIOUS BUNTYN, Plaintiff, v. CJC, MADISON COUNTY JAIL, Defendant.


ORDER DISMISSING CASE, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND NOTIFYING PLAINTIFF OF APPELLATE FILING FEE

On July 10, 2020, the Court issued an order dismissing Plaintiff Octavious Buntyn's pro se complaint and granting leave to file an amended complaint. (ECF No. 6.) Buntyn 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 27-28.)

Buntyn has not filed an amended complaint, and the time within which to do so has expired. Therefore, this case is DISMISSED with prejudice in its entirety, and judgment will be entered in accordance with the July 10, 2020, order dismissing the original complaint for failure to state a claim. Buntyn 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 Buntyn would not be taken in good faith. If Buntyn nevertheless files a notice of appeal and wishes to pay the $505 appellate filing fee using the installment procedures of the Prison Litigation Reform Act, 28 U.S.C. §§ 1915(a)-(b), he also must submit a new in forma pauperis affidavit and a current copy of his inmate trust account statement for the last six months.

The Clerk is directed to prepare a judgment. IT IS SO ORDERED.

s/ James D. Todd

JAMES D. TODD

UNITED STATES DISTRICT JUDGE


Summaries of

Buntyn v. CJC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION
Aug 17, 2020
No. 20-1108-JDT-cgc (W.D. Tenn. Aug. 17, 2020)
Case details for

Buntyn v. CJC

Case Details

Full title:OCTAVIOUS BUNTYN, Plaintiff, v. CJC, MADISON COUNTY JAIL, Defendant.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

Date published: Aug 17, 2020

Citations

No. 20-1108-JDT-cgc (W.D. Tenn. Aug. 17, 2020)