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

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Date Filed Document Text
September 25, 2015 Opinion or Order 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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Plaintiff: Kevin Bowman
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Defendant: Pat Hankins
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Defendant: Judge Matthis
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