Harris v. Davidson County Sheriff et al

Filing 360

ORDER finding as moot 356 Motion attempt to file writ of certiorari. Plaintiff given instruction on proper way to file petition with the U. S. Supreme Court. (JBB)

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

VAUGHN HARRIS,
Plaintiff,
v.
DAVIDSON COUNTY SHERIFF, et al.,
Defendant.

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NO. 3:15-cv-00356

JUDGE FRIEDMAN
MAGISTRATE JUDGE BROWN

ORDER
On January 9, 2020 the Plaintiff filed a rather confusing document (DE 356). The Motion
was filed in this case and another case, Harris v. Metropolitan Government, 3:19-cv-735. The
Clerk initially filed this case with the heading dealing with a class-action lawsuit against the
Metropolitan Government of Nashville.
Based on an initial review of the pleading, it was terminated as moot because the older
case, 3:15-cv-356 was closed, the decision of the District Court to dismiss the matter having been
Affirmed by the Sixth Circuit.
After further reading of the Motion it appeared the Plaintiff was attempting to file a Petition
for Certiorari with the Supreme Court by attaching a modified Notice of Appeal. Petition for
Certiorari are governed by the Rules of the Supreme Court of the United States. In particular,
under Rule 13, a Petition for Writ of Certiorari to review the Judgment of a United States Court of
Appeals must be filed within ninety days of the entry of the Court of Appeals Judgment with the
Clerk of the Supreme Court. The format and content of a Petition are set forth in Rules 12, 14,

and 33 of the Supreme Court among others. It would appear the Judgment of the Court of Appeals
was entered on December 11, 2019.
The Clerk is directed to send Mr. Harris a form for a Petition for Writ of Certiorari to the
Supreme Court, a form for permission to proceed in forma pauperis and the address of the Clerk
of the Supreme Court as well as a copy of the Supreme Court Rules. The Plaintiff given the
confusing and lengthy nature of his previous pleadings should pay particular attention to rule 12.2
and 33.2.
Since the Petition is filed with the wrong Court, the Motion (DE 356) is terminated as
Moot.
SO, ORDERED.

/s/ Joe B. Brown______________
Joe B. Brown
United States Magistrate Judge