Opinion
No. 20-1047-JDT-cgc
11-12-2020
MARCUS D. POLK, Plaintiff, v. SARAH ARMSTRONG, Defendant.
ORDER DISMISSING CASE, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND NOTIFYING PLAINTIFF OF APPELLATE FILING FEE
On October 8, 2020, the Court issued an order dismissing Plaintiff Marcus D. Polk's pro se complaint and granting leave to file an amended complaint. (ECF No. 7.) Polk was warned that if he failed to file an amended complaint within twenty-one days, the Court would dismiss the case in its entirety, assess a strike pursuant to 28 U.S.C. § 1915(g), and enter judgment. (Id. at PageID 25-26.)
Polk 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 October 8, 2020, order dismissing the original complaint for failure to state a claim on which relief may be granted. Polk 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 Polk would not be taken in good faith. If Polk 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