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07-119 - Cornett v. Mathes et al


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07-119 - Cornett v. Mathes et al
December 1, 2008
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MEMORANDUM OPINION and ORDER Directing Monthly Payments be made from Prison Account of James Coleman Cornett. Plaintiff is ASSESSED the amount of $350.00 for the filing fee. The Clerk is DIRECTED to mail a copy of this Order to the custodian of inmate trust accounts at the Carter County Jail to ensure compliance with the fee-assessment procedures. Plaintiff fails to state a claim for relief under § 1983. See Westlake v. Lucas, 537 F.2d 857, 860 n.5 (6th Cir. 1976) (finding that, where some medical treatment given prisoner and dispute concerns adequacy of treatment, no valid § 1983 claim is stated). Accordingly, this action will be dismissed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim. See 28 U.S.C. § 1915(e) 2)(B)(ii). A separate order of dismissal will enter. C/M to Pro Se Plaintiff and Custodian of Inmate Accounts. Signed by District Judge J Ronnie Greer on 12/1/2008. (FMM, )