Jones v. Gwen et al

Filing 3

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Todd J. Campbell on 1/20/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

DANIEL H. JONES
Plaintiff,

]
]
]
]
]
]
]

v.
MARK GWYN, et al.1
Defendants.

No. 3:15-0030
Judge Campbell

M E M O R A N D U M
The plaintiff, proceeding pro se, is an inmate at the Turney
Center Industrial Prison in Only, Tennessee. He brings this action
pursuant to 42 U.S.C. § 1983 against Mark Gwyn, Director of the
Tennessee Bureau of Investigation (TBI), and Avis Stone, the Law
Enforcement

Information

Coordinator

for

the

TBI,

seeking

declaratory, injunctive and monetary relief.
On March 26, 2010, the plaintiff submitted a formal request to
the TBI to have his name removed from the Tennessee Sex Offender
Registry.

Defendant

Stone

allegedly

denied

this

request.

The

plaintiff believes that the refusal to remove his name from the
Tennessee Sex Offender Registry constitutes a violation of his
rights.

1

Gwyn has been misspelled in the style of the complaint as
“Gwen”.
1

The complaint arrived in the Clerk’s Office on January 14,
2015. The plaintiff’s claims arose when his request was denied in
2010. Thus, it appears that this action is time-barred by the one
year statute of limitations imposed upon civil rights claims
brought in Tennessee. Merriweather v. City of Memphis, 107 F.3d
396, 398 (6th Cir.1997).
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 claim upon which relief can be granted because this action is
untimely. Dellis v. Corrections Corp. of America, 257 F.3d 508, 511
(6th

Cir.2001)(sua

sponte

dismissal

of

an

untimely

prisoner

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

2