Fletcher v. Grant et al
Filing
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MEMORANDUM OPINION OF THE COURT. Signed by District Judge Todd J. Campbell on 4/19/2016. (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
DAVID FLETCHER
Plaintiff,
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v.
JIM GRANT, et al.
Defendants.
No. 3:16-0750
Judge Campbell
MEMORANDUM
The plaintiff, proceeding pro se, is a resident of Nashville. He brings this Bivens action
against Jim Grant, a Tennessee State trooper assigned to a federal task force, and Kevin Koback, a
member of the U.S. Marshal’s Office in Nashville, seeking declaratory relief and damages.1
According to the complaint and its attachment, the defendants seized the plaintiff’s
automobile pursuant to instructions from the U.S. Attorney’s Office and have failed to return it to
him. The plaintiff claims that the seizure was made without probable cause and took place in
October, 2010. Docket Entry No. 1 at pg. 6.
The complaint arrived in the Clerk’s Office on April 18, 2016. The plaintiff’s claim arose
when his vehicle was seized in October, 2010. Thus, it appears that this action is time-barred by the
one year statute of limitations imposed upon Bivens claims brought in Tennessee. Pike v. United
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The plaintiff is suing federal officers for an alleged violation of his Fourth Amendment
rights. Thus, this action is construed as one brought pursuant to Bivens v. Six Unknown Named
Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 390-397 (1971).
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States, 868 F.Supp.2d 667, 679-680 (M.D. Tenn. 2012); 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
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
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