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18-100 - Daily v. Tennessee Highway Patrol et al

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18-100 - Daily v. Tennessee Highway Patrol et al
February 20, 2018
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MEMORANDUM AND ORDER: The plaintiff's IFP application (Doc. No. 2) is GRANTED. The plaintiff is nonetheless assessed the $350.00 civil filing fee. For the reasons explained above, the plaintiff's claim for excessive force is DISMISSED with prejudice for failure to state a claim upon which relief can be granted. The remainder of the Complaint is DISMISSED without prejudice to the plaintiff's ability to refile upon removal of the Heck bar to relief, if the plaintiff succeeds in having his sentence corrected through state remedies or a federal writ of habeas corpus. 28 U.S.C. ยงยง 1915(e)(2)(B) and 1915A. Signed by District Judge Aleta A. Trauger on 2/20/18. (xc:Pro se party and Warden by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) Modified on 2/26/2018 (afs).