Jones v. Westbrooks et al

Filing 13

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Linda V. Parker on 6/30/2017. (xc:Pro se party by regular 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
HENRY L. JONES,
Plaintiff,
v.

No. 3:16-cv-3050
Honorable Linda V. Parker

BRUCE WESTBROOKS, et al.
Defendants.
MEMORANDUM OPINION
Plaintiff is an inmate at the Riverbend Maximum Security Institution in
Nashville. He brings this action pro se pursuant to 42 U.S.C. § 1983 against the
following Defendants: Bruce Westbrooks, Warden of Riverbend; Candace
Whisman, Director of Inmate Trust Fund Accounts for the Tennessee Department
of Correction; Jane Lovell, Director of Inmate Trust Fund Accounts at Riverbend;
and Warren Tate, a Counselor at Riverbend. In his Complaint, Plaintiff seeks to
stop the withdrawal of funds from his inmate trust account and to recoup funds
already withdrawn, arguing that the funds were assessed pursuant to a conviction
that was overturned in April 2014.1

1

Plaintiff does not set forth a statutory basis for his claims in his Complaint. He is
attempting to attach liability for the loss of property by Defendants who were
acting under color of state law. Therefore, the Court construes this action as being
brought pursuant to 42 U.S.C. § 1983.

Plaintiff’s conviction in fact was overturned. State v. Jones, 450 S.W.3d 866
(Tenn. 2014). However, a review of the Shelby County court website reflects that
Plaintiff was retried and convicted in May 2015. See
https://cjs.shelbycountytn.gov. Plaintiff’s appeal of that conviction is pending
before the Tennessee Court of Appeals. State v. Jones, No. W2015-02210-CCAR3-DD (Tenn. Ct. App. filed Nov. 20, 2015).
Absent a reversal of his convictions, Plaintiff is not entitled to the relief
sought in this civil action. When a prisoner plaintiff fails to state a claim, the
Court is obliged to dismiss his complaint sua sponte. 28 U.S.C. § 1915(e)(2).
Accordingly, an appropriate order will be entered dismissing this action.
s/ Linda V. Parker
LINDA V. PARKER
UNITED STATES DISTRICT JUDGE
SITTING BY SPECIAL DESIGNATION

Dated: June 30, 2017