McElyea v. Dickson County et al

Filing 3

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Todd J. Campbell on 8/31/2012. (xc:Pro se party by regular and certified mail.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

CHARLES H. McELYEA, JR.
Plaintiff,
v.
DICKSON COUNTY, et al.
Defendants.

]
]
]
]
]
]
]

No. 3:12-0881
Judge Campbell

M E M O R A N D U M
The plaintiff, proceeding pro se, is a resident of McEwen,
Tennessee. He brings this action pursuant to 42 U.S.C. § 1985
against Dickson County; Larry Wallace, a Chancery Court Judge in
Dickson County; Nancy Miller, Clerk and Master of the Dickson
County Chancery Court, and Eric Thornton, Kyle Sanders, and Hilary
Duke, members of the Dickson County Bar; seeking injunctive relief
and damages.
The plaintiff alleges that he was denied due process and the
equal protection of the law by the defendants during a judicial
proceeding in the Chancery Court of Dickson County on May 7, 2010.
The complaint was filed on August 28, 2012. The plaintiff’s
claims arose on May 7, 2010. Thus, it appears that this action is
time-barred by the one year statute of limitations imposed upon §
1985 claims brought in Tennessee. Windsor v. A Federal Executive
Agency, 614 F.Supp. 1255, 1262 (M.D. Tenn.1983), aff’d 767 F.2d 923

(6th Cir. 1985).
Nothing in the complaint suggests that the statute should be
tolled so as to permit the untimely filing of the complaint. The
Court, therefore, concludes that the plaintiff has failed to state
a

timely

claim

upon

which

relief

can

be

granted.

Dellis

v.

Corrections Corp. of America, 257 F.3d 508, 511 (6th Cir.2001)(sua
sponte dismissal of an untimely complaint is appropriate). Under
such circumstances, the Court is obliged to dismiss the complaint.
28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

____________________________
Todd Campbell
United States District Judge