McNeal v. Walton

McNeal v. Walton

Plaintiff:	Dayton L McNeal
Defendant:	John Walton
Case Number:	2:2014cv00220
Filed:	July 15, 2014
Court:	US District Court for the Eastern District of Tennessee
Office:	Greeneville Office
County:	Carter
Presiding Judge:	J Ronnie Greer
Presiding Judge:	Dennis H Inman
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
July 30, 2014	Filing 4 MEMORANDUM AND ORDER: The Court does understand plaintiffs invitation to the Court to "do something" as a request to intercede in his state criminal case and, perhaps, to vacate his probationary sentence or even his convic tion. However, the Court cannot give plaintiff that kind of relief from a state criminal case through the means of filing a civil rights action under 42 U.S.C. § 1983 because challenges to either the fact or the duration of confinement (includin g probationary sentences) must be brought solely by way of petition for writ of habeas corpus. Therefore these claims, as construed, fail to state a claim entitling plaintiff to relief in this civil suit. Because plaintiff has failed to state a claim against Judge Walton, this lawsuit will be DISMISSED by separate order. (C/M). Signed by District Judge J Ronnie Greer on 7/30/2014. (LMC)

Date Filed

Document Text

July 30, 2014

Filing 4 MEMORANDUM AND ORDER: The Court does understand plaintiffs invitation to the Court to "do something" as a request to intercede in his state criminal case and, perhaps, to vacate his probationary sentence or even his convic tion. However, the Court cannot give plaintiff that kind of relief from a state criminal case through the means of filing a civil rights action under 42 U.S.C. § 1983 because challenges to either the fact or the duration of confinement (includin g probationary sentences) must be brought solely by way of petition for writ of habeas corpus. Therefore these claims, as construed, fail to state a claim entitling plaintiff to relief in this civil suit. Because plaintiff has failed to state a claim against Judge Walton, this lawsuit will be DISMISSED by separate order. (C/M). Signed by District Judge J Ronnie Greer on 7/30/2014. (LMC)

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Plaintiff: Dayton L McNeal
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Defendant: John Walton
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