Olivier v. Montgomery County et al

Filing 4

ORDER DISMISSING CASE: For the reasons explained in the Memorandum entered contemporaneously herewith, the Court finds that the complaint fails to state claims upon which relief can be granted. 28 U.S.C. § 1915(e)(2). The Plaintiff's cla ims as to all Defendants are hereby DISMISSED WITH PREJUDICE. Signed by District Judge Waverly D. Crenshaw, Jr on 2/22/2017. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MARDOCHE OLIVIER, Plaintiff, v. MONTGOMERY COUNTY, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 3:17-cv-00028 JUDGE CRENSHAW O R D ER Plaintiff Mardoche Olivier, a resident of Clarksville, Tennessee, brings this pro se action against Montgomery County, Tennessee, and Judicial Commissioner f/n/u Claiborne, alleging violations of the Plaintiff’s civil rights. (Doc. No. 1). The Plaintiff also has submitted an application to proceed in forma pauperis. (Doc. No. 2). A review of the application shows that the Plaintiff has insufficient financial resources to pay the filing fee in this action. Therefore, the Plaintiff’s application is GRANTED, and the Clerk shall file the complaint in forma pauperis. 28 U.S.C. § 1915(a). However, process shall NOT issue. Because the Plaintiff is proceeding as a pauper in this action, the Court must conduct an initial review of the complaint under 28 U.S.C. § 1915(e)(2) and dismiss it or any portion of it that is frivolous or malicious, fails to state a claim for which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. For the reasons explained in the Memorandum entered contemporaneously herewith, the Court finds that the complaint fails to state claims upon which relief can be granted. 28 U.S.C. § 1915(e)(2). The Plaintiff’s claims as to all Defendants are hereby DISMISSED WITH 1 PREJUDICE. Because an appeal would NOT be taken in good faith, the Plaintiff is NOT certified to appeal the judgment of the Court in forma pauperis. 28 U.S.C. § 1915(a)(3). This Order constitutes final judgment in this action. IT IS SO ORDERED. WAVERLY D. CRENSHAW, JR. UNITED STATES DISTRICT JUDGE 2

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