Jenkins v. Wilburn et al

Filing 9

ORDER adopting Report and Recommendations 6 . Plaintiff's complaint is hereby dismissed for failure to state a claim upon which relief may be granted. Signed by U.S. District Senior Judge Richard D. Rogers on 5/21/15. Mailed to pro se party Anthony Ray Jenkins by regular mail. (msb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ANTHONY RAY JENKINS,
Plaintiff,
v.
Case No. 15-4869-RDR
SEDGWICK COUNTY, KANSAS,
et al.,
Defendants.

ORDER
This matter is presently before the court upon the Report
and Recommendation issued by Magistrate Judge Gale on April 24,
2015.

In the Report and Recommendation, Judge Gale recommended

dismissal of plaintiff’s complaint under 28 U.S.C. § 1915(e)(2).
He

determined

that

“comprehensible”

plaintiff’s

cause

of

action

complaint
upon

failed

which

to

relief

state
could

a
be

granted. No objections to Judge Gale’s Report and Recommendation
have been filed, and the time for doing so has expired.1

See

Fed.R.Civ.P. 72(b). The court has reviewed the thorough Report
and Recommendation filed by Judge Gale. Based upon that review
and the fact that no objection has been filed to it, the court
accepts, adopts and affirms the Report and Recommendation in its
entirety.

Plaintiff’s complaint shall be dismissed for failure

to state a claim upon which may be granted.
1

On May 13, 2015, plaintiff did file a document entitled “Motion for Judgment by Default.” In that
motion, plaintiff asked the court to re-title various pieces of real estate. The court has no power to grant the relief
sought by plaintiff. Accordingly, this motion shall be denied.

IT IS THEREFORE ORDERED that the Report and Recommendation
issued by Magistrate Judge Gale on April 24, 2015 is accepted,
adopted and affirmed.

Plaintiff’s complaint is hereby dismissed

for failure to state a claim upon which relief may be granted.
IT IS SO ORDERED.
Dated this 21st day of May, 2015, at Topeka, Kansas.

s/Richard D. Rogers
United States District Judge

2