Brooks v. Sheriff Blount County Jail, No. 3:2011cv00530 - Document 4 (E.D. Tenn. 2011)
Court Description: MEMORANDUM OPINION dismissing this action for reasons stated in the Court's prior Memorandum and Order in 3:11-cv-363. The Court will certify that any appeal from this action would not be taken in good faith and would be totally frivolous. Signed by District Judge Thomas A Varlan on December 16, 2011. (mailed to Mr. Brooks) (AYB)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE RUDOLPH M. BROOKS, JR., Petitioner, v. No.: 3:11-cv-530 (VARLAN/SHIRLEY) BLOUNT COUNTY, TENNESSEE, Respondent. MEMORANDUM This action, titled a "Habeas Corpus Motion to Appeal" was filed in the United States District Court for the Southern District of Ohio and transferred to this Court. Although petitioner purports to file a habeas corpus petition, in the body of the petition he complains of the conditions of his confinement in the Blount County Jail, including lack of access to the courts and a denial of medical treatment. These are the same allegations raised by petitioner in a case filed in this Court, which was dismissed as frivolous and for failure to state a claim for relief. Rudolph M. Brooks v. Blount County, Tennessee, Civil Action No. 3:11-cv-363 (E.D. Tenn. November 15, 2011) (Memorandum and Order dismissing case). For the reasons stated in the Court's prior Memorandum and Order, this action will be DISMISSED as well. The Court will CERTIFY that any appeal from this action would not be taken in good faith and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure. AN APPROPRIATE ORDER WILL ENTER. s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE 2
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