Opinion
2:24-cv-11632
08-02-2024
JOSHUA J. BURKE, Plaintiff, v. LENAWEE COUNTY JAIL, Defendant.
ORDER
HONORABLE SUSAN K. DECLERCQ UNITED STATES DISTRICT JUDGE
JUDGMENT
In accordance with the Order entered today:
It is ORDERED that Plaintiff's Complaint, ECF No. 1, is DISMISSED. See 28 U.S.C. § 1915(b), (e)(2)(A); FED. R. CIV. P. 41(b). “If the case is dismissed under these circumstances, it is not to be reinstated to the district court's active docket”- even if the plaintiff attempts to pay the filing fees. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 203 (2007); see also Baxter v. Rose, 305 F.3d 486, 489 (6th Cir. 2002) (holding that McGore applies “where the district court dismisses cases sua sponte under 28 U.S.C. § 1915A”), abrogated on other grounds by Jones, 549 U.S. 199; see also Redd v. Redmon, 215 F.3d 1327 (6th Cir. 2000) (unpublished table decision) (same for cases dismissed “under § 1915(e)(2)(A)”); Boussum v. Washington, 655 F.Supp.3d 636, 642 (E.D. Mich. 2023) (same for cases dismissed under 28 U.S.C. § 1915(b)).
Further, it is ORDERED that the Complaint is PROHIBITED from being reinstated to the district court's active docket-even if Plaintiff pays the filing fees.
Further, it is ORDERED that Plaintiff is DENIED leave to proceed in forma pauperis on appeal. See 28 U.S.C. § 1915(a)(3).
This order closes the above-captioned case.