Jackson v. Scoville

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 5 and dismissing action ; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, aeb)

Jackson v. Scoville

Doc. 8

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JEFFREY JACKSON-EL, Plaintiff, No. 1:11-cv-53 -vHONORABLE PAUL L. MALONEY JOSEPH G. SCOVILLE, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION Plaintiff Jackson filed suit against Magistrate Judge Joseph Scoville, claiming his Due Process rights when Magistrate Judge Scoville issued a report and recommendation in another case involving Plaintiff. Magistrate Judge Ellen Carmody reviewed the complaint pursuant to 28 U.S.C. § 1519(e)(2), and issued a report recommending the complaint be dismissed. (ECF No. 5.) Plaintiff filed an objection (ECF No. 6) and an amended complaint (ECF No. 7.) Having reviewed the record, the report is ADOPTED, over objections, as the opinion of this court. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Magistrate Judge Scoville enjoys absolute judicial immunity for actions taken in his capacity as a judge. Without concluding that Plaintiff was entitled to file an amended complaint, the court finds that the amended complaint fails to overcome this same hurdle. The amended complaint does not state a claim upon which relief may be granted. Accordingly, the complaint is DISMISSED. The court finds any appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3); Coppedge v. United States, 369 U.S. 438, 445 (1962). IT IS SO ORDERED. Date: February 28, 2011 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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