Graves v. Wilson County Judicial Commissioner, No. 3:2015cv01151 - Document 4 (M.D. Tenn. 2015)
Court Description: MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 11/9/2015. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
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Graves v. Wilson County Judicial Commissioner Doc. 4 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION SETH DAVID GRAVES Plaintiff, ] ] ] ] ] ] ] ] v. WILSON COUNTY JUDICIAL COMMISSIONER Defendant. No. 3:15-1151 Judge Trauger M E M O R A N D U M The plaintiff, proceeding pro se, is a pre-trial detainee at the Wilson County Jail in Lebanon, Tennessee. He brings this action pursuant to 42 U.S.C. § 1983 against John Doe, a Wilson County Judicial Commissioner, seeking damages. The plaintiff’s claim reads in its entirety as follows : I was assaulted by an inmate and wanted to sign a warrant against the assaultant but was deprived that right due to a unknown reason. Apparently, the plaintiff believes that the defendant violated his rights by refusing to issue a warrant for the arrest of the inmate who assaulted him. To establish a claim for § 1983 relief, the plaintiff must plead and prove that the defendant, while acting under color of state law, deprived him of a right guaranteed by the Constitution 1 Dockets.Justia.com or laws of the United States. Parratt v. Taylor, 451 U.S. 527, 535 (1981). It is well settled that a private citizen lacks a judicially cognizable interest in the criminal prosecution or non-prosecution of another individual. Leeke v. Timmerman, 454 U.S. 83, 86 (1981). Thus, the plaintiff’s rights were not violated when the defendant failed to issue a warrant for the arrest of the offending inmate. Because the allegations in the complaint do not rise to the level of a constitutional deprivation, the plaintiff is unable to prove every element of a § 1983 cause of action. The plaintiff, therefore, has failed to state a claim upon which relief can be granted. Under such circumstances, the Court is obliged to dismiss the instant action sua sponte. 28 U.S.C. § 1915(e)(2). An appropriate order will be entered. ____________________________ Aleta A. Trauger United States District Judge 2
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