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08-038 - Maroney v. Jefferson County Sheriffs Department et al


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08-038 - Maroney v. Jefferson County Sheriffs Department et al
February 22, 2008
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MEMORANDUM and ORDER, granting 1 MOTION for Leave to Proceed in forma pauperis filed by Lonnie W Maroney. The Clerk is DIRECTED to file this action without the prepayment of costs or fees or security therefor as of the date the complaint was received. The Clerk is DIRECTED to send the plaintiff a service packet for defendant Brad Ward. The Jefferson County Sheriff's Department is not a suable entity and it is DISMISSED from thisaction. Plaintiff is ORDERED to submit, within 15 days of the date of this Order, a certified copy of his inmate trust account statement for the six-month period preceding the date of his application to proceed in forma pauperis. Plaintiff is an inmate in the Hamblen County Jail, he is herewith ASSESSED the civil filing fee of $350.00. The Clerk is DIRECTED to send a copy of this Memorandum and Order to the Sheriff of Hamblen County, Tennessee, and the county attorney for Hamblen County, Tennessee, to ensure that the custodian of the plaintiff's inmate trust account complies withthat portion of the Prison Litigation Reform Act relating to payment of the filing fee. Signed by District Judge Thomas W Phillips. (cc: financial)(ADA)
March 10, 2008
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MEMORANDUM and ORDER, David Davenport is DISMISSED as a defendant. Plaintiff's allegation against Merlin Forester and the "John Doe" defendant is that they were told of the assault and did nothing to the jailer. This allegation, without more, fails to state a claim for relief under ยง 1983. Accordingly, Merlin Forester and "John Doe" are DISMISSED as defendants. Signed by District Judge Thomas W Phillips on 3/10/08. (ADA)