Hopper v. Logsdon et al (PLR1)

Filing 6

MEMORANDUM AND ORDER: It is ORDERED, for the reasons stated in the Report and Recommendation, which the Court adopts and incorporates into its ruling, that plaintiff James Marshall Hopper's motion for leave to file in forma pauperis [Doc. 2 ] is hereby GRANTED. Signed by District Judge Pamela L Reeves on 7/20/15. (JBR) Modified to reflect c/m along with Summons and USM forms on 7/20/2015 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

JAMES MARSHALL HOPPER,
Plaintiff,

v.

ERIC LOGSDON, ROBERT MENROW,
JEFF SHARPE, OFFICER SHIPLEY,
MIKE BUTCHER, EARL LOY JR.,
MAYNARDVILLE CITY, AND
UNION COUNTY POLICE DEPARTMENT,
Defendants.

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No. 3:15-CV-154-PLR-HBG

MEMORANDUM AND ORDER

This matter is before the court on the Report and Recommendation filed by United States
Magistrate Judge, H. Bruce Guyton [R. 3]. There have been no timely objections to the Report
and Recommendation, and enough time has passed since the filing of the Report and
Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1);
Fed.R.Civ.P. 72(b).
After a careful review of this matter, the Court is in complete agreement with the
Magistrate Judge’s conclusion that the plaintiff, James Marshall Hopper, is indigent, and that his
motion for leave to file in forma pauperis be granted. Accordingly, it is ORDERED, for the
reasons stated in the Report and Recommendation, which the Court adopts and incorporates into

its ruling, that plaintiff James Marshall Hopper’s motion for leave to file in forma pauperis [Doc.
2] is hereby GRANTED.
Magistrate Judge Guyton also found that plaintiff had stated a legally cognizable claim
against defendants under the Constitution or under 42 U.S.C. § 1983. Plaintiff, however, did not
include the date of the alleged incident in his statement of the claim. Magistrate Judge Guyton
recommended that the record be left open for sixty (60) days for plaintiff to file an amended
complaint. Plaintiff filed his Amended Complaint on June 18, 2015 [R. 5]. In his Amended
Complaint, plaintiff states that the incident with the defendant officers occurred on April 20,
2014. Plaintiff has attached an Incident Report from the Union County Sheriff’s Office to his
Amended Complaint documenting a domestic violence incident at plaintiff’s residence on April
20, 2014. Plaintiff’s original complaint was filed with the court on April 10, 2015, within the
one-year statute of limitations contained in Tenn. Code Ann. § 28-3-104. Accordingly, the court
finds that plaintiff’s complaint is timely under the statute and he may proceed with his claim.
IT IS SO ORDERED.
Enter:

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UNITED STATES DISTRICT JUDGE

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