Mitchell v. Steelman et al, No. 1:2021cv00105 - Document 7 (E.D. Tenn. 2021)

Court Description: MEMORANDUM OPINION in support of the following Judgment Order. Signed by District Judge Travis R. McDonough on 9/21/21. c/m Eric Lebron Mitchell SILVERDALE DETENTION CENTER P O BOX 23148 CHATTANOOGA, TN 37422 ) (ADA)

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Mitchell v. Steelman et al Doc. 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA ERIC LEBRON MITCHELL, Plaintiff, v. BARRY STEELMAN, JOHN G. MCDOUGAL, and P. COYLE, Defendants. ) ) ) ) ) ) ) ) ) ) No. 1:21-CV-105-TRM-SKL MEMORANDUM OPINION This is a prisoner’s pro se complaint for violation of 42 U.S.C. § 1983. On July 12, 2021, the Court entered an order notifying Plaintiff that his complaint was unsigned, did not contain a demand for relief, and did not state a cognizable claim under § 1983 but may state a cognizable claim for habeas corpus relief, and therefore providing Plaintiff thirty days to return one of the following: 1. A signed copy of his § 1983 complaint with a demand for relief; 2. A signed and properly completed petition for a writ of habeas corpus; or 3. A signed notice that he is withdrawing his claims for relief. [Doc. 6 p. 2–4]. This order also notified Plaintiff that if he failed to timely file any of the above documents, the Court would strike his unsigned § 1983 complaint pursuant to Rule 11(a) of the Federal Rules of Civil Procedure and dismiss this action [Id. at 5]. Plaintiff has not filed any document in response to this order, and his time for doing so has passed. Accordingly, pursuant to Rule 11(a), the Clerk will be DIRECTED to strike Plaintiff’s complaint [Doc. 1], terminate his motion for leave to proceed in forma pauperis [Doc. 5], and Case 1:21-cv-00105-TRM-SKL Document 7 Filed 09/21/21 Page 1 of 2 PageID #: 25 Dockets.Justia.com close this file. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Fed. R. App. P. 24. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE 2 Case 1:21-cv-00105-TRM-SKL Document 7 Filed 09/21/21 Page 2 of 2 PageID #: 26

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