Sandell v. Underwood et al, No. 3:2014cv00034 - Document 39 (E.D. Tenn. 2014)
Court Description: MEMORANDUM AND OPINION as set forth in following order. Signed by Chief District Judge Thomas A Varlan on 2/5/14. (c/m)(ABF)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE ALVIN SANDELL, Plaintiff, v. No.: 3:14-cv-34 (VARLAN/GUYTON) MIKE UNDERWOOD and TIM HEARNS, Defendants. MEMORANDUM This pro se prisoner's civil rights action under 42 U.S.C. ยง 1983 was filed in forma pauperis in the United States District Court for the Middle District of Tennessee and transferred to this Court. As the Middle District noted in the order of transfer, the claims against the defendants are identical to the claims set forth against the defendants by the plaintiff in a prior complaint that was transferred to this Court from the Middle District and which remains pending. See Alvin Sandell v. Officers Morrison, Hearne, and Underwood, Civil Action No. 3:13-cv-677 (E.D. Tenn.). Accordingly, this action will be DISMISSED as duplicative. 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 CHIEF UNITED STATES DISTRICT JUDGE
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