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Charles Bobo v. Dept. of Corrections
State: Tennessee
Court: Court of Appeals
Docket No: M2000-00517-COA-R3-CV
Case Date: 12/14/2000
Plaintiff: Charles Bobo
Defendant: Dept. of Corrections
Preview:IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs December 14, 2000

CHARLES BOBO v. TENNESSEE DEPARTMENT
OF CORRECTIONS, ET AL.

Appeal from the Chancery Court for Davidson County
No. 97-4136-III Ellen Hobbs Lyle, Chancellor

No. M2000-00517-COA-R3-CV - Filed November 21, 2001
Appellant, a prison inmate, filed, in the Chancery Court of Davidson County, a Petition for Writ of Certiorari questioning disciplinary actions against him by the Department of Corrections.  The petition was dismissed by the Chancellor with costs assessed against Appellant.  Appellant then sought exemption of his inmate trust account from execution for costs asserting that Tennessee Code Annotated Section 26-2-103 rendered his trust account and personal property to a value of $4,000 exempt from execution for court costs.  The Chancellor held Tennessee Code Annotated Section 26-2-103 to be inapplicable, and we affirm the Chancellor.1

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed
WILLIAM B. CAIN, J., delivered the opinion of the court, in which BEN H. CANT RELL, P.J., M.S. and PATRICIA J. COTT RELL, J., joined.
Charles Bobo, Mountain City, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Dawn Jordan, Assistant Attorney General, Nashville, Tennessee, for the appellees, Tennessee Department of Correction, Northeast Correctional Complex and State Prison Disciplinary Board.

MEMORANDUM OPINION2
1Former section 26-2 -102 conc erning perso nal pro perty se lectively ex emp t fr om s eizure was tran sform ed to 26-2 -103 by the 2 000 Rep lacem ent of V olum e 4A of T enne ssee C ode Anno tated.
2Court of Appeals Rule 10:
Th is Co urt, with the c onc urren ce of a ll judge s partic ipating in the case, may affirm, rev erse o r mo dify
the actions of the trial court by memorandum opinion when a formal opinion would h ave no
precedential value.  When a case is decided by memorandum opinion, it shall be designated
"MEMORANDUM OPIN ION," shall not be published, and shall not be cited or relied on for any
reaso n in a sub sequ ent unre lated c ase.
On December 15, 1997, Charles Bobo filed a Petition for Writ of Certiorari to review disciplinary action taken against him by the Tennessee Department of Corrections.
On January 7, 1999, the Chancellor dismissed the action without prejudice for failure of Appellant to prosecute same, assessing the court costs against Appellant.  On March 19, 1999, Appellant filed a
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