Wood v. Williamson County Tennessee et al

Filing 3

ORDER: The Court has before it a pro se prisoner complaint (Docket Entry No. 1 ) under 42 U.S.C. § 1983 and an application to proceed in forma pauperis (Docket Entry No. 2 ). Accordingly, plaintiff's application to proceed in forma paupe ris is GRANTED. The defendants (respondents) shall file an answer, plead or otherwise respond to the petition in conformance with Rule 5, Rules --- § 2254 Cases, within thirty (30) days of the date of entry of this order on the docket. The Cler k is directed to serve a copy of the petition and this order by certified mail on the Sheriff of Williamson County and the Attorney General of Tennessee. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 7/19/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

MATTHEW W. WOOD
Plaintiff,
v.
WILLIAMSON COUNTY, TENNESSEE,
et al.
Defendants.

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No. 3:13-0689
Judge Trauger

O R D E R
The Court has before it a pro se prisoner complaint (Docket
Entry No.1) under 42 U.S.C. § 1983 and an application to proceed in
forma pauperis (Docket Entry No.2).
It appears from the application that the plaintiff lacks
sufficient financial resources from which to pay the fee required
to file the complaint. Accordingly, plaintiff’s application to
proceed in forma pauperis is GRANTED. 28 U.S.C. § 1915(a).
The plaintiff brings this action against Williamson County and
the State of Tennessee. Having reviewed the complaint, the Court
finds that the plaintiff’s allegations are insufficient to impose
municipal liability upon Williamson County or overcome the State of
Tennessee’s sovereign immunity. Therefore, the plaintiff has failed
to state a claim upon which § 1983 relief can be granted. 28 U.S.C.
§ 1915(e)(2).
Nevertheless, this Court, in the interests of justice, is

obliged to liberally construe a pro se pleading in a manner that
will give it full effect.
The plaintiff is a pretrial detainee who is alleging that he
has been incarcerated since April 22, 2013 without any form of due
process. As part of his relief, he requests an immediate release
from

custody.

Given

these

circumstances,

the

Court

liberally

construes plaintiff’s complaint as a petition for habeas corpus
relief under 28 U.S.C. § 2241.
The defendants (respondents) shall file an answer, plead or
otherwise respond to the petition in conformance with Rule 5, Rules
--- § 2254 Cases, within thirty (30) days of the date of entry of
this order on the docket.1
The Clerk is directed to serve a copy of the petition and this
order by certified mail on the Sheriff of Williamson County and the
Attorney General of Tennessee. Rule 4, Rules --- § 2254 Cases.
It is so ORDERED.

____________________________
Aleta A. Trauger
United States District Judge

1

The Court may, in its discretion, apply the Rules
Governing § 2254 Cases to a § 2241 petition. Rule 1(b), Rules --§ 2254 Cases.