Farr v. Davis et al

Filing 62

MEMORANDUM AND ORDER: IT IS THEREFORE ORDERED that the Report and Recommendation of Judge Gale (Doc. 38) is adopted in full. IT IS FURTHER ORDERED that plaintiff's Renewed Motion to Amend (Doc. 36) is denied. Signed by District Judge Carlos Murguia on 3/27/2017. Mailed to pro se party Joan E. Farr by regular mail. (hl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

JOAN E. FARR,
Plaintiff,
v.
DARYL DAVIS, et al.,
Defendants.

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Case No. 16-2180-CM

MEMORANDUM AND ORDER
Plaintiff Joan E. Farr brings this action pro se, claiming that defendants violated her
constitutional rights under 42 U.S.C. § 1983. Plaintiff claims that defendants conspired to deprive her
of her rights by stealing her property and influencing the police to harass plaintiff. The case is before
the court on plaintiff’s Renewed Motion to Amend Complaint (Doc. 36). Magistrate Judge Kenneth G.
Gale issued a Report and Recommendation recommending that this court deny plaintiff’s leave to
amend. Plaintiff timely objected to the Report and Recommendation. For the following reasons, the
court adopts the Report and Recommendation, and denies plaintiff’s motion to amend.
Plaintiff seeks leave to allege violations of 18 U.S.C. § 242. This statute is a criminal statute.
It provides no private right of action. See Perkins v. Univ. of Kansas Med. Ctr., No. 13-2530-JTM,
2014 WL 1356042, at *4 (D. Kan. Apr. 7, 2014) (citing Figueroa v. Clark, 810 F. Supp. 613, 615
(E.D. Pa. 1992) (holding there is no private cause of action for alleged violations of 18 U.S.C. § 241
and 18 U.S.C. § 242)). While leave to amend should freely be given, Fed. R. Civ. P. 15(a), the court
may deny a request to amend for futility, Foman v. Davis, 371 U.S. 178, 182 (1962). Plaintiff’s
proposed amendment is futile.

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IT IS THEREFORE ORDERED that the Report and Recommendation of Judge Gale (Doc.
38) is adopted in full.
IT IS FURTHER ORDERED that plaintiff’s Renewed Motion to Amend (Doc. 36) is denied.
Dated this 27th day of March, 2017, at Kansas City, Kansas.

s/ Carlos Murguia__________
CARLOS MURGUIA
United States District Judge

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