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Townsend v. Hamilton

United States District Court, E.D. Tennessee, Chattanooga

December 2, 2019

LAVERIS TOWNSEND, SR., LAVERIS TOWNSEND, JR., LATANYA TOWNSEND, and TERRILL TOWNSEND, Plaintiff,
v.
HUBERT E. HAMILTON, HAMILTON COUNTY, TENNESSEE Defendant.

          REPORT AND RECOMMENDATION

          CHRISTOPHER H. STEGER, UNITED STATES MAGISTRATE JUDGE

         I. Introduction

         Pro se plaintiffs Laveris Townsend, Sr., Laveris Townsend, Jr., LaTanya Townsend, and Terrill Townsend, have filed an application to proceed in forma pauperis [Doc. 2]. Because their complaint does not state a claim upon which relief can be granted, the undersigned RECOMMENDS this action be DISMISSED without prejudice and the application to proceed in forma pauperis be DENIED as moot.

         Under 28 U.S.C. § 1915(e)(2), the Court has the responsibility to screen all actions filed by plaintiffs-including non-prisoners seeking in forma pauperis status-and to dismiss any action or portion thereof which is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune from such relief. McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007) and La Fountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013); Smith v. Lindamood, Case No. 1:16-cv-86, 2017 WL 444830, at *2 (M.D. Tenn. Feb. 2, 2017); Johns v. Maxey, Case No. 2:07-cv-238, 2008 WL 4442467, at *1 (E.D. Tenn. Sept. 25, 2008) (Greer, J.).

         II. Facts

         Plaintiffs' complaint includes only bare-bones allegations. It states as follows:

Defendant deprived me of my equal protection rights by:
(A) Not providing the State Board correct SSN in Workmen's Compensation Case. This was purposely [sic].
(B) Refusing to provide copies of files I requested pertaining to this same case.
(C) Judge # [sic] sent me to Silverdale and refused to allow me time to get legal representation. #Moon as representative of Hamilton County Government [sic].
(D) TN Appeals Court Ruled in my favor (proving my case) of violation of 14th Amendment.

[Doc. 1, Complaint at 2]. Plaintiffs ask for "the amount that the jury decides."

         III. Discussion

         A. ...


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