Wells v. Preston

Filing 7

ORDER DISMISSING CASE: The 4 application to proceed informa pauperis is GRANTED. As set forth in the Memorandum Opinion, the Court finds that the complaint fails to state a claim over which this Court has jurisdiction. Accordingly, this action is hereby DISMISSED WITHOUT PREJUDICE. This is a final order for purposes of Fed. R. Civ. P. 58. Signed by District Judge Kevin H. Sharp on 7/11/2014. (xc: Pro se party by regular and certified mail) (ds)

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

TERMAIN M. WELLS,

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Plaintiff,
v.
ASHLEY DENISE PRESTON,
Defendant.

No. 3:14-mc-00789
Judge Sharp

ORDER
Before the Court is a complaint filed pro se by plaintiff Termain M. Wells against his former
attorney, Ashley Denise Preston. Presently pending is the plaintiff’s Application to Proceed in District
Court Without Prepaying Fees or Costs. (ECF No. 4.) 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. 4) is GRANTED.
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 defendant, 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 over which this Court has jurisdiction.
Accordingly, this action is hereby DISMISSED WITHOUT 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