Odom v. Chute et al

Filing 7

ORDER: By 6/15/2012, the Chutes shall either file a Complaint in this action or file a notice stating that they wish to remove the General Sessions case to this court. Signed by District Judge Aleta A. Trauger on 6/7/12. (xc:Pro se party by regular and certified mail.)(dt)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JEREME ODOM,

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Plaintiff,
v.
DAVID EDWARD CHUTE and
KATHLEEN PATRICIA CHUTE,
Defendants.

Civil No. 3:12-0586
Judge Trauger

ORDER
On June 7, 2012, the court denied the Application to Proceed In District Court Without
Prepaying Fees or Costs made by David Edward Chute and Kathleen Patricia Chute. (Docket
No. 6) Following that denial, the parties paid the filing fee.
Although the initial documents filed by the Chutes seemed to indicate that they wished to
remove a case pending against them in the Montgomery County General Sessions Court to this
court, this court has now been presented with Affidavits of the Chutes (Docket Nos. 4-5) that
purport to allege a cause of action against Jereme Odom (as defendant) under 42 U.S.C. § 1983.
These Affidavits have reversed the style of the case and show the Chutes as plaintiffs and Odom
as defendant. The “Restraining Order” that the Chutes apparently seek as well in this court has
reversed the style of the case and shows the Chutes as plaintiffs and Jereme Odom as a
defendant.
This court cannot proceed to entertain an application for a temporary restraining order
without a proper Complaint filed in this court. It appears that the Chutes have decided that,
instead of removing the General Sessions case to this court, they wish to file a new, independent
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cause of action under 42 U.S.C. § 1983 against Jereme Odom. If, in fact, that is their desire, they
must file a proper Complaint in this court in order to initiate the action. Once such a Complaint
is filed, this court will consider an application for temporary restraining order that complies with
the FEDERAL RULES OF CIVIL PROCEDURE and the Local Rules of this court.
If, indeed, the court is misinterpreting the documents filed by the Chutes, they should
make clear to the court that they wish to pursue a removal of the General Sessions case instead
of file a new, independent action in this court. If that is the case, the court will expect counsel
for Jereme Odom to properly respond.
It is hereby ORDERED that, by June 15, 2012, the Chutes shall either file a Complaint
in this action or file a notice stating that they wish to remove the General Sessions case to this
court.
It is so ORDERED.
Issued this 7th day of June 2012.

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ALETA A. TRAUGER
U.S. District Judge

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