Locke v. Stiles

Filing 16

ORDER accepting adopting 14 Report and Recommendations. All of Plaintiff's complaint will be DISMISSED for failure to prosecute. An Appropriate Judgment will Enter. Signed by District Judge Travis R McDonough on 10/18/2023. (AML) Mailed to Billy Locke

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
BILLY WAYNE LOCKE
Plaintiff,
v.
NATHAN STILES,
Defendant.

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Case No. 1:23-cv-94
Judge Travis R. McDonough
Magistrate Judge Christopher H. Steger

ORDER
Before the Court is Magistrate Judge Steger’s report and recommendation that the Court
dismiss Plaintiff’s complaint (Doc. 14).
Plaintiff filed this action pro se and moved to proceed in forma pauperis. (Docs. 1, 9.)
Under the Prison Litigation Reform Act, district courts must screen pro se complaints—even
when the plaintiff is not a prisoner but seeks in forma pauperis status—and sua sponte dismiss
any claims that are frivolous or malicious, fail to state a claim on which relief may be granted, or
name a defendant who is immune. See 28 U.S.C. § 1915(e)(2); Baker v. Wayne Cnty. Fam.
Indep. Agency, 75 F. App’x 501, 502 (6th Cir. 2003) (“The statute requires courts to dismiss in
forma pauperis complaints that fail to state a claim[] and applies to complaints filed by nonprisoners as well as prisoners.” (citations omitted)). Magistrate Judge Steger recommended that
Plaintiff’s motion to proceed in forma pauperis be denied because he has filed three frivolous
claims in this Court and because he does not now allege he is in imminent danger of serious
physical injury. (Doc. 14, at 2 (citing 28 U.S.C. § 1915(g)).) In doing so, Magistrate Judge
Steger ordered Plaintiff to pay the Clerk of Court the $350.00 filing fee and warned that failure

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to do so would result in dismissal of this action for failure to prosecute. (Id. at 3.) It does not
appear from the record that Plaintiff has paid the required fee within the provided time.
After reviewing the record and the applicable law, the Court agrees with the magistrate
judge’s findings of fact, conclusions of law, and recommendation. Therefore, the Court
ACCEPTS and ADOPTS the report and recommendation (Doc. 14) and ORDERS that all of
Plaintiff’s complaint be DISMISSED for failure to prosecute.
AN APPROPRIATE JUDGMENT WILL ENTER.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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