Hayes vs. State of Tennessee

Filing 4

JUDGMENT ORDER adopting Report and Recommendations re 3 Report and Recommendations; Court ORDERS that this case be DISMISSED. Court DIRECTS Clerk of Court to CLOSE the case. Signed by District Judge Curtis L Collier on 2/21/12. (JGK, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
EFFIE LOUISE HAYES,
Plaintiff,
v.
STATE OF TENNESSEE,
Defendant.

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Case No. 1:12-CV-20
Chief Judge Curtis L. Collier

JUDGMENT ORDER
Before the Court is pro se Plaintiff Effie Louise Hayes’ (“Plaintiff”) application to proceed
In Forma Pauperis (Court File No. 1). Pursuant to 28 U.S.C. § 636(b) and Rule 72 of the Federal
Rules of Civil Procedure, United States Magistrate Judge Susan K. Lee filed a report and
recommendation recommending Plaintiff’s motion be dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii)
for failure to state a claim upon which relief could be granted (Court File No. 3). Judge Lee never
reached the question of whether Plaintiff was indigent because she concluded Plaintiff failed to
assert any facts or offer any legal theory upon which this Court could grant relief. Neither party
objected to the report and recommendation within the given fourteen days.1 Upon conducting an
independent review of the record, this Court agrees with the magistrate judge’s report and
recommendation (Court File No. 3) and similarly concludes Plaintiff has not made any legally

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The copy of the report and recommendation mailed to Plaintiff was returned to the Court
as undeliverable on February 16, 2012. Therefore, it is certainly possible Plaintiff has not had an
opportunity to file an objection. With that said, even without the magistrate judge’s report and
recommendation, the Court still independently concludes Plaintiff’s complaint fails to state a claim
upon which relief could be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Construing Plaintiff’s
complaint generously, the Court finds Plaintiff’s claims involve a contested traffic citation and the
resulting judgment. Plaintiff fails to make any factual assertion or state any legal claims, however,
upon which this Court could grant relief. Accordingly, dismissal is proper pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).

cognizable claims for relief pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Court ACCEPTS and
ADOPTS the magistrate judge’s findings of fact, conclusions of law, and recommendation pursuant
to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72. The Court ORDERS that this case be DISMISSED.
As no further matters remain for adjudication, the Court DIRECTS the Clerk of Court to
CLOSE the case.
SO ORDERED.
ENTER:
/s/
CURTIS L. COLLIER
CHIEF UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

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