Dickson v. Cubberley et al (ASH)

Filing 11

JUDGMENT ORDER, entered by the Clerk, whereby Plaintiff's motion for leave to proceed in forma pauperis 1 is GRANTED, this pro se prisoner's civil rights action, filed under 42 U.S.C. § 1983, is DISMISSED, and Plain tiff's claims arising out of his underlying convictions are DISMISSED WITHOUT PREJUDICE to Plaintiff showing that his complaint is not subject to dismissal under Heck doctrine. Accordingly, Plaintiff's motion for temporary restraining order 3 and motion to show cause 8 are DENIED as moot. Because the Court has CERTIFIED in its Memorandum and Order that any appeal from this Order would not be taken in good faith, should Plaintiff file a notice of appeal, he is DENIED leave to appeal in forma pauperis. The Clerk is DIRECTED to close the civil file. Signed by Chief District Judge Thomas A Varlan on September 9, 2015. c/m (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KEVIN ANTHONY DICKSON, JR.,
Plaintiff,
v.
MATTHEW CUBBERLEY, JEFF McCARTER,
EMILY FAYE ABBOTT, and JOHN DOE,
Defendants.

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No.:

3:15-CV-47-TAV-CCS

JUDGMENT ORDER
In accordance with the accompanying memorandum and order, Plaintiff’s motion for
leave to proceed in forma pauperis [Doc. 1] is GRANTED, this pro se prisoner’s civil rights
action, filed under 42 U.S.C. § 1983, is DISMISSED, and Plaintiff’s claims arising out of his
underlying convictions are DISMISSED WITHOUT PREJUDICE to Plaintiff showing that his
complaint is not subject to dismissal under Heck doctrine. Accordingly, Plaintiff’s motion for
temporary restraining order [Doc. 3] and motion to show cause [Doc. 8] are DENIED as moot.
Because the Court has CERTIFIED in its memorandum and order that any appeal from
this order would not be taken in good faith, should Plaintiff file a notice of appeal, he is
DENIED leave to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24.
The Clerk is DIRECTED to close the civil file.
ENTER:
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT