Mims v. Gillam et al

Mims v. Gillam et al

Case Number:	2:2023cv00133
Filed:	October 12, 2023
Court:	US District Court for the Eastern District of Tennessee
Office:	Greeneville Office
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
November 6, 2023	Filing 7 MEMORANDUM OPINION: Accordingly, this action will be DISMISSED (1) for failure to state a claim upon which relief may be granted and (2) pursuant to Rule 41 of the Federal Rules of Civil Procedure. Finally, the Court CERTIFIES t hat any appeal from this action would not be taken in good faith and would be totally frivolous. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a). Signed by District Judge Travis R McDonough on 11/6/2023. (BJL)*Mailed to Shamonte Lutheaire Mims 520778 TROUSDALE TURNER CORRECTIONAL CENTER 140 MACON WAYHARTSVILLE, TN 37074
October 12, 2023	Filing 6 MEMORANDUM AND ORDER: 1. Plaintiff's motion for leave to proceed in forma pauperis (Doc. 4 ) is GRANTED. Plaintiff is ASSESSED the civil filing fee of $350.00.; 2. The custodian of Plaintiffs inmate trust account is D IRECTED to submit the filing fee to the Clerk in the manner set forth above; 3. The Clerk is DIRECTED to mail a copy of this Memorandum and Order to the custodian of inmate accounts at the institution where Plaintiff is now confined and to the Cour t's financial deputy; 4. Plaintiff's complaint is DISMISSED because it fails to state a claim upon which relief may be granted under § 1983; 5. Plaintiff shall have fourteen (14) days from entry of this Order to submit an amended co mplaint in accordance with the directives above. The Clerk is DIRECTED to send Plaintiff a § 1983 form for this purpose; 6. If Plaintiff fails to timely submit an amended complaint, this action will be dismissed for failure to state a claim upo n which § 1983 relief may be granted and for failure to prosecute and comply with an order of the Court; and 7. Plaintiff must immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Signed by District Judge Travis R McDonough on 10/12/2023. (BJL)Mailed this memorandum and order with a blank 1983 to Shamonte Lutheaire Mims and mailed this memorandum and order to the custodian of inmate accounts at: TROUSDALE TURNER CORRECTIONAL CENTER 140 MACON WAY HARTSVILLE, TN 37074. *Sent ad hoc to the Court's Financial Deputy Clerks. 520778 Modified on 10/12/2023 (BJL).

Date Filed

Document Text

November 6, 2023

Filing 7 MEMORANDUM OPINION: Accordingly, this action will be DISMISSED (1) for failure to state a claim upon which relief may be granted and (2) pursuant to Rule 41 of the Federal Rules of Civil Procedure. Finally, the Court CERTIFIES t hat any appeal from this action would not be taken in good faith and would be totally frivolous. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a). Signed by District Judge Travis R McDonough on 11/6/2023. (BJL)*Mailed to Shamonte Lutheaire Mims 520778 TROUSDALE TURNER CORRECTIONAL CENTER 140 MACON WAYHARTSVILLE, TN 37074

October 12, 2023

Filing 6 MEMORANDUM AND ORDER: 1. Plaintiff's motion for leave to proceed in forma pauperis (Doc. 4 ) is GRANTED. Plaintiff is ASSESSED the civil filing fee of $350.00.; 2. The custodian of Plaintiffs inmate trust account is D IRECTED to submit the filing fee to the Clerk in the manner set forth above; 3. The Clerk is DIRECTED to mail a copy of this Memorandum and Order to the custodian of inmate accounts at the institution where Plaintiff is now confined and to the Cour t's financial deputy; 4. Plaintiff's complaint is DISMISSED because it fails to state a claim upon which relief may be granted under § 1983; 5. Plaintiff shall have fourteen (14) days from entry of this Order to submit an amended co mplaint in accordance with the directives above. The Clerk is DIRECTED to send Plaintiff a § 1983 form for this purpose; 6. If Plaintiff fails to timely submit an amended complaint, this action will be dismissed for failure to state a claim upo n which § 1983 relief may be granted and for failure to prosecute and comply with an order of the Court; and 7. Plaintiff must immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Signed by District Judge Travis R McDonough on 10/12/2023. (BJL)*Mailed this memorandum and order with a blank 1983 to Shamonte Lutheaire Mims and mailed this memorandum and order to the custodian of inmate accounts at: TROUSDALE TURNER CORRECTIONAL CENTER 140 MACON WAY HARTSVILLE, TN 37074. **Sent ad hoc to the Court's Financial Deputy Clerks. 520778 Modified on 10/12/2023 (BJL).

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