Hessmer v. Bad Government

Filing 66

REPORT AND RECOMMENDATION: Plaintiff seeks to sue Sheriff Ashe for incidents that occurred in the year 2000. Any such claims are barred by the statute of limitations. T.C.A. § 28-3-104(a)(3). For the foregoing reasons, the instant Motion (Docket No. 65) should be DENIED. Signed by Magistrate Judge E. Clifton Knowles on 12/20/2012. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

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

JOHN HESSMER,
Plaintiff,

vs.

BAD GOVERNMENT, et al.,
Defendants.

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CASE NO. 3:12-00590
JUDGE CAMPBELL/KNOWLES

REPORT AND RECOMMENDATION
This matter is before the Court upon the pro se prisoner Plaintiff’s “Motion to Add
Newly Named Defendants Under Permissive Joinder Pursuant to F.R.Cv.P. Rule 20(a)(2)(A)(B)
with Memorandum of Law.” Docket No. 65. The operative language of the Motion is as
follows:
The Sheriff, Terri [sic] Ashe, put me in T.D.O.C. on January 18th
of 2000 for filing grievances against him and threatening § 1983
for the deprivation of my constitutional rights.
Id., p. 1.
With the Motion, Plaintiff has filed three unissued subpoenas, from “State of Tennessee
District Court Davidson County.” Id., p. 4-6. Those subpoenas are directed to “Clerk Linda
Neal,” “Deputy Jaron Gray,” and “Deputy Roger Smith,” but they do not command the
production of anything or the appearance of anyone. It is completely unclear whether the
subpoenas are meant to relate to the Motion. As discussed above, the Motion itself mentions
only Sheriff Terri [sic] Ashe. It does not refer to the subpoenas.

Plaintiff sued Sheriff Terry Ashe in his original Complaint. Docket No. 1. The
undersigned submitted a Report and Recommendation recommending that most of the
Defendants, including Sheriff Ashe, be dismissed from the case because Plaintiff had failed to
state a claim upon which relief could be granted as to those Defendants. Docket No. 15. Judge
Campbell subsequently adopted the Report and Recommendation, dismissing Plaintiff’s claims
against Sheriff Ashe with prejudice. Docket No. 35.
Moreover, Plaintiff seeks to sue Sheriff Ashe for incidents that occurred in the year 2000.
Any such claims are barred by the statute of limitations. T.C.A. § 28-3-104(a)(3).
For the foregoing reasons, the instant Motion (Docket No. 65) should be DENIED.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14)
days after service of this Report and Recommendation in which to file any written objections to
this Recommendation with the District Court. Any party opposing said objections shall have
fourteen (14) days after service of any objections filed to this Report in which to file any
response to said objections. Failure to file specific objections within fourteen (14) days of
service of this Report and Recommendation can constitute a waiver of further appeal of this
Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985),
reh’g denied, 474 U.S. 1111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

E. Clifton Knowles
United States Magistrate Judge

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