Reece v. Wootten et al

Filing 4

ORDER: This action is hereby DISMISSED with prejudice. It is so ORDERED. This is a final order for purposes of Fed. R. Civ. P. 58. Signed by District Judge Kevin H. Sharp on 7/10/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JAMES REECE, Plaintiff, v. JOHN D. WOOTTEN, JR., TOM E. GRAY, HENRY STEWARD, MAHAILIAH HUGHES, and MANUEL B. RUSS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:14-cv-01403 Judge Sharp ORDER Plaintiff James Reece has filed a pro se complaint in this action (ECF No. 1). Presently pending is the plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs. (ECF No. 2.) Because it is apparent from his submission that the plaintiff lacks sufficient financial resources from which to pay the full filing fee in advance, the application (ECF No. 2) is GRANTED. Because the plaintiff is not incarcerated, the Court does not assess the fee. However, having granted the plaintiff leave to proceed as a pauper, the Court must also conduct an initial review of the complaint pursuant to 28 U.S.C. § 1915(e)(2), and must dismiss the complaint sua sponte, prior to service upon the defendants, if the Court finds that it fails to state a colorable claim over which this Court has jurisdiction. As set forth in the accompanying Memorandum Opinion, the Court finds that the complaint fails to state a claim against any of the defendants for which relief may be granted. Accordingly, this action is hereby DISMISSED with prejudice. It is so ORDERED. This is a final order for purposes of Fed. R. Civ. P. 58. Kevin H. Sharp United States District Judge

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