Campbell v. Rutherford County General Sessions Criminal Judicial Building

Filing 4

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 5/19/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

DESMOND JABARI CAMPBELL
Plaintiff,

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v.
RUTHERFORD COUNTY GENERAL
SESSIONS COURT
Defendant.

No. 3:17-cv-0796
Judge Trauger

M E M O R A N D U M
The

plaintiff,

proceeding

pro

se,

is

a

resident

of

Murfreesboro, Tennessee. He brings this action for an alleged
violation of his civil rights against the Rutherford County General
Sessions Court, seeking damages.
According to the complaint, the plaintiff was released from
custody on November 22, 2015. The plaintiff claims that he was
illegally detained for 206 days pursuant to a community corrections
contract that was not legally binding on him. More specifically, he
alleges

that

his

illegal

confinement

was

attributable

to

defendant’s failure to keep “accurate records of sentencing, as
well as accurate time served.” Docket Entry No.1 at pg.10.
The complaint arrived in the Clerk’s Office on May 3, 2017.
The plaintiff’s claim arose when he was released from custody or
shortly thereafter in 2015. Thus, it appears that this action is
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time-barred by the one year statute of limitations imposed upon
civil rights claims brought in Tennessee. 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

prisoner

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.

____________________________
Aleta A. Trauger
United States District Judge

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