Jackson v. Jackson et al

Filing 10

MEMORANDUM AND ORDER adopting 8 Report and Recommendations. Plaintiff's complaint is DISMISSED for failure to state a claim upon which relief can be granted. Signed by District Judge John W. Broomes on 5/24/2018. Mailed to pro se party Daniel J. Jackson at PO Box 3095 Hutchinson, KS 67504 by regular mail. (mam)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DANIEL J. JACKSON,
Plaintiff,
v.

Case No. 18-1016-JWB

GREG JACKSON, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is before the court on a Report and Recommendation (Doc. 8) by Magistrate
Judge Kenneth Gale. The Report recommends that Plaintiff’s complaint be dismissed for failure
to state a claim upon which relief can be granted. (Doc. 8 at 7). For the reasons stated below, the
court ADOPTS the Report and Recommendation and DISMISSES Plaintiff’s complaint.
The Report cautioned Plaintiff that he had 14 days after receiving the Report to object to
it. (Doc. 8 at 7). The Report was served upon Plaintiff on April 23, 2018 (Doc. 9). Plaintiff has not
filed any objection, and the time for doing so has now expired.
The court has reviewed the complaint, which includes allegations that Plaintiff is running
for a seat in the House of Representatives in the State of Kansas, that Defendants are making false
claims to deter him from running, and that Plaintiff is seeking to have the Defendants’ cell phones
and other devices seized. (Doc. 1 at 5-6). The court has also reviewed the Magistrate Judge’s
analysis of the complaint. The court agrees with the Magistrate’s conclusion that, even construing
the complaint in the light most favorable to Plaintiff, “the Court cannot surmise a valid cause of
action from the allegations set forth,” and that it would be futile to allow Plaintiff to amend his

complaint. (Doc. 8 at 6). Accordingly, pursuant to 28 U.S.C. § 1915(e), the court concludes the
complaint must be dismissed.
IT IS THEREFORE ORDERED this 24th day of May, 2018, that the Report and
Recommendation (Doc. 8) is hereby ADOPTED, and Plaintiff’s complaint is DISMISSED for
failure to state a claim upon which relief can be granted.
___s/ John W. Broomes____________
JOHN W. BROOMES
UNITED STATES DISTRICT JUDGE

2