Irvin v. Haynes et al

Filing 3

MEMORANDUM signed by Chief Judge Kevin H. Sharp on 12/1/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ROBERT THOMAS IRVIN
Plaintiff,
v.
WILLIAM JOSEPH HAYNES, JR.,
et al.
Defendants.

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No. 3:16-3015
Chief Judge Sharp

M E M O R A N D U M
The

plaintiff,

proceeding

pro

se,

is

a

resident

of

Clarksville, Tennessee. He brings this action pursuant to 42 U.S.C.
§ 1983 against William Joseph Haynes, Jr., a Senior District Judge
in this judicial district; the Judicial Branch of the federal
government; and Loretta Lynch, the Attorney General of the United
States; seeking injunctive relief and damages.
The plaintiff describes himself as a 72 year old AfricanAmerican. He claims that his civil rights have been violated during
litigation in federal court.
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).
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The defendants have not been acting under color of state law
during the litigation of plaintiff’s claims in federal court. Thus,
the plaintiff has failed to state an actionable claim under § 1983
against the defendants.
The plaintiff has been granted pauper status. When a plaintiff
proceeding in forma pauperis has failed to state a claim upon which
relief can be granted, 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
United States District Judge

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