Gregory D. Douglas v. Whiteville Correctional Facility, et al.

Summary

The United States District Court for the Western District of Tennessee dismissed Gregory D. Douglas’s 42 U.S.C. § 1983 action with prejudice after he failed to file an amended complaint by the court-ordered deadline. The court recommended that the dismissal count as a strike under 28 U.S.C. § 1915(g), certified that an appeal would not be taken in good faith, and directed the Clerk to enter judgment.

Holdings

1. Because Douglas failed to file an amended complaint or seek an extension within the time permitted by the screening order, the case was dismissed with prejudice in its entirety.
2. The court recommended that the dismissal be treated as a strike under the Prison Litigation Reform Act.
3. The court certified that any appeal by Douglas would not be taken in good faith.

Questions Presented

1. Whether the action should be dismissed with prejudice after the plaintiff failed to file an amended complaint by the court-ordered deadline.
2. Whether the dismissal should be recommended as a strike under 28 U.S.C. § 1915(g).
3. Whether the court should certify under Federal Rule of Appellate Procedure 24(a) and 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith.

Disposition

dismissed