Bowman v. Hankins et al
Plaintiff: |
Kevin Bowman |
Defendant: |
Pat Hankins and Judge Matthis |
Case Number: |
3:2015cv00287 |
Filed: |
July 9, 2015 |
Court: |
U.S. District Court for the Eastern District of Tennessee |
Office: |
Knoxville Office |
County: |
Morgan |
Presiding Judge: |
H Bruce Guyton |
Presiding Judge: |
Pamela L Reeves |
Nature of Suit: |
Civil Rights |
Cause of Action: |
42 U.S.C. ยง 1983 |
Jury Demanded By: |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Date Filed |
Document Text |
September 25, 2015 |
Filing
9
MEMORANDUM and ORDER dismissing Judge Matthis from this lawsuit and directing the Clerk to add Judge Dugger as a defendant. Plaintiff's motion for issuance of subpoenas 7 is premature and is DENIED. Plaintiff's applicati on to proceed without prepayment of fees is GRANTED 1 . Nevertheless, because Plaintiff is a prisoner, he is ASSESSED the filing fee of three hundred and fifty dollars ($350). To ensure compliance with the fee collection procedure, the Clerk is DIRECTED to mail a copy of this memorandum and order to the custodian of inmate accounts at the MCCX and to Derrick D. Schofield, Tennessee Department of Correction Commissioner. The Clerk is also DIRECTED to furnish a copy of this order to the Cour t's financial deputy. This order shall be placed in Plaintiff's institutional file and follow him if he is transferred to another correctional facility. All claims asserted in this complaint which relate directly to the fact or duration of Plaintiff's confinement, such as his request to have his conviction expunged from his record, are not cognizable in a § 1983 action and are DISMISSED without prejudice. Because Plaintiff's claims are precluded by Heck, the Court will d ismiss this case without prejudice for failure to state a claim. Additionally, the Court has carefully reviewed this case pursuant to 28 U.S.C. § 1915(a)(3) and hereby CERTIFIES that any appeal from this decision would not be taken in good faith and would be totally frivolous. Signed by District Judge Pamela L Reeves on September 25, 2015. c/m (AYB)
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