Unpublished Dispositionorbain Owens, Plaintiff-appellant, v. Billy Mcwherter, Warden; Lloyd Johnston, Defendants-appellees, 883 F.2d 75 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 883 F.2d 75 (6th Cir. 1989) Aug. 16, 1989

Before RALPH B. GUY, Jr., BOGGS and ALAN E. NORRIS, Circuit Judges.


This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Plaintiff filed a civil rights action under 42 U.S.C. § 1983 against two officials of the Lake County [Tennessee] Regional Correctional Facility. The district court sua sponte dismissed the complaint as frivolous under 28 U.S.C. § 1915(d) and this appeal followed. The parties have briefed the issues, plaintiff proceeding pro se.

Upon consideration, we agree with the district court's disposition of the case. In Neitzke v. Williams, 109 S. Ct. 1827, 1831 (1989), the Supreme Court defined frivolous as used in Sec. 1915(d) as, in part, claims based on an indisputably meritless legal theory. Plaintiff's claims against the defendants rest upon his contention that he possessed a federally cognizable liberty interest in remaining in the Lake County prison. No such right exists in federal law, Meachum v. Fano, 427 U.S. 215 (1976), and Tennessee has not created that right by its policy directives or statutes.

Accordingly, the district court's judgment is affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.