Opinion
No. 1:09-0076.
November 4, 2009
ORDER
In accordance with the Memorandum filed herewith, this action is DISMISSED for failure to state a claim on which relief may be granted. 28 U.S.C. §§ 1915(e)(2)(ii); 1915A(b)(1).
An appeal would NOT be taken in good faith. Therefore, Plaintiff is NOT certified to pursue an appeal from this judgment in forma pauperis. 28 U.S.C. § 1915(a)(3). Nevertheless, should Plaintiff decide to file a notice of appeal, he either must pay the Clerk of Court the full four hundred fifty-five dollar ($455.00) appellate filing fee, or submit a new application to proceed in forma pauperis with a certified copy of his inmate trust fund account statement for the six (6) month period preceding the date that he files his notice of appeal. 28 U.S.C. §§ 1915(a)(1)-(a)(2).
Entry of this Order shall constitute the final judgment in this action.
It is so ORDERED.