Green v. Attorney General et al
Filing
3
MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Kevin H. Sharp on 12/4/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARVIN GREEN
Plaintiff,
v.
ATTORNEY GENERAL, et al.
Defendants.
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No. 3:14-2267
Judge Sharp
M E M O R A N D U M
The plaintiff, proceeding pro se, is an inmate at the West
Tennessee State Penitentiary in Henning, Tennessee. He brings this
action pursuant to 42 U.S.C. § 1983 against the current Attorney
General for the State of Tennessee and Robert Cooper, former State
Attorney General, seeking injunctive relief.
The plaintiff’s claim reads in its entirety as follows :
The Attorney General and it’s agents are
answering habeas corpus petitions when
prisoner(s) are challenging the unlawful
custody of physical body. Rumsfeld v. Padilla,
124 S.Ct. 2711 in violation of 28 U.S.C.
§ 2243 and Chapter 153 Habeas Corpus.
The Attorney General and it’s agents are
interfering with plaintiff {sic} constitutional
rights, when defendants know that their
action(s) are illegal.
To establish a claim for § 1983 relief, the plaintiff must
plead and prove that the defendants, while acting under color of
state law, deprived him of a right or privilege guaranteed by the
Constitution or laws of the United States. Parratt v. Taylor, 451
U.S. 527, 535 (1981).
The plaintiff’s claim in no way implicates a violation of his
rights by the defendants. The defendants answer habeas corpus
petitions when the Court instructs them to do so. See Rule 4, Rules
- - - § 2254 Cases (“If the petition is not dismissed, the judge
must order the respondent to file an answer, motion or other
response within a fixed time ...”).
Thus, in the absence of a constitutional violation, the
plaintiff has failed to state a claim upon which § 1983 relief can
be granted. Under such circumstances, the Court is obliged to
dismiss the instant action sua sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.
____________________________
Kevin H. Sharp
Chief District Judge
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