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15-447 - Phillips v. Houston-Fagan et al

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15-447 - Phillips v. Houston-Fagan et al
March 21, 2018
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MEMORANDUM OPINION: Plaintiff's application to proceed in forma pauperis [Doc. 3] will be GRANTED. However, the Court will not assess a filing fee at this time. Plaintiff's complaint is duplicative of another pending case before this Court, and thus, the Court finds his claims to be malicious. Therefore, Plaintiff's complaint and the present action will be DISMISSED sua sponte for failure to state a viable claim for relief under 42 U.S.C. ยง 1983. Finally, the Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Signed by District Judge Pamela L Reeves on March 21, 2018. (copy mailed to Prentiss Antonio Phillips 131499, WEST TENNESSEE STATE PENITENTIARY, P.O. Box 1150, Henning, TN 38041) (AYB)