Burke v. Lenawee County Jail

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JOSHUA J. BURKE,

Plaintiff, Case No. 2:24-cv-11632

v. Honorable Susan K. DeClercq United States District Judge LENAWEE COUNTY JAIL,

Defendant. _______________________________/ JUDGMENT

In accordance with the Order entered today: It is ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED. See 28 U.S.C. § 1915(b), (e)(2)(A); FED. R. CIV. P. 41(b). “If the case is dismissed under these circumstances, it is not to be reinstated to the district court’s active docket”— even if the plaintiff attempts to pay the filing fees. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 203 (2007); see also Baxter v. Rose, 305 F.3d 486, 489 (6th Cir. 2002) (holding that McGore applies “where the district court dismisses cases sua sponte under 28 U.S.C. § 1915A”), abrogated on other grounds by Jones, 549 U.S. 199; see also Redd v. Redmon, 215 F.3d 1327 (6th Cir. 2000) (unpublished table decision) (same for cases dismissed “under § 1915(e)(2)(A)”); Boussum v. Washington, 655 F. Supp. 3d 636, 642 (E.D. Mich. 2023) (same for cases dismissed under 28 U.S.C. § 1915(b)).

Further, it is ORDERED that the Complaint is PROHIBITED from being reinstated to the district court’s active docket—even if Plaintiff pays the filing fees. Further, it is ORDERED that Plaintiff is DENIED leave to proceed in forma

pauperis on appeal. See 28 U.S.C. § 1915(a)(3). This order closes the above-captioned case. /s/Susan K. DeClercq SUSAN K. DeCLERCQ United States District Judge Dated: 8/2/2024