Gayles v. Schofield et al
| James E Gayles |
| Reuben Hodge, David Sexton, Todd Wiggins, Vicki Freeman, Maurice Widener and Derrick Schofield |
| 2:2011cv00078 |
| March 16, 2011 |
| US District Court for the Eastern District of Tennessee |
| Greeneville Office |
| Johnson |
| J Ronnie Greer |
| Dennis H Inman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
5
MEMORANDUM AND ORDER: Plaintiff does not allege that he is in "imminent danger of serious physical injury." Thus, in order to file this action, plaintiff must prepay the entire $350.00 filing fee. Leave to proceed in forma pauperis is DENIED. Plaintiff's complaint, which has been filed solely for the purpose of making a record and for statistical purposes, is DISMISSED WITHOUT PREJUDICE pursuant to the three-dismissal rule of 28 U.S.C. §1915(g). All pen ding motions have been rendered MOOT by this dismissal. The Court now FINDS that any appeal taken from this decision would not be taken in good faith. 28 U.S.C. § 1915(a)(3). Therefore, should plaintiff file a notice of appeal, he is DENIED leave to proceed in forma pauperis and must submit the full appellate fee of $455.00 along with the notice. Signed by District Judge J Ronnie Greer on 2/7/2012. (c/m to pro se plaintiff) (RLC)
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