OLIVIER v. McMILLIAN

Case No. 3:16-cv-03288.

MARDOCHE OLIVIER, Plaintiff, v. KIM McMILLIAN, et al., Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Federal Question: Other Civil Rights
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Mardoche Olivier, Plaintiff, Pro Se.


ORDER

WAVERLY D. CRENSHAW, Jr., District Judge.

Plaintiff Mardoche Olivier, a resident of Clarksville, Tennessee, brings this pro se action against Kim McMillian, mayor of Clarksville; the Clarksville Police Department; Al Rivers Ansley, Chief of Police; City of Clarksville; Jeffrey Derico, Officer; and Maxx'd Out Towing, alleging violations of the Plaintiff's civil rights. (Doc. No. 1).

The Plaintiff also has submitted an application to proceed in forma pauperis. (Doc. No. 2). A review of the application shows that the Plaintiff has insufficient financial resources to pay the filing fee in this action. Therefore, the Plaintiff's application is GRANTED, and the Clerk shall file the complaint in forma pauperis. 28 U.S.C. § 1915(a). However, process shall NOT issue.

Because the Plaintiff is proceeding as a pauper in this action, the Court must conduct an initial review of the complaint under 28 U.S.C. § 1915(e)(2) and dismiss it or any portion of it that is frivolous or malicious, fails to state a claim for which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief.

For the reasons explained in the Memorandum entered contemporaneously herewith, the Court finds that the complaint fails to state claims upon which relief can be granted under federal law. 28 U.S.C. § 1915(e)(2). The Plaintiff's claims as to all Defendants are hereby DISMISSED WITH PREJUDICE.

Because an appeal would NOT be taken in good faith, the Plaintiff is NOT certified to appeal the judgment of the Court in forma pauperis. 28 U.S.C. § 1915(a)(3).

This Order constitutes final judgment in this action.

IT IS SO ORDERED.


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