Bentley v. United States District Court for the Eastern District of Tennessee at Greeneville

Filing 10

ORDER adopting 9 Report and Recommendations. Signed by District Judge Travis R McDonough on 7/10/23. (CNC)Mailed to Michael Bentley III. (CNC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
MICHAEL BENTLEY, III,
Plaintiff,
v.
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF
TENNESSEE AT GREENEVILLE,

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Case No. 2:23-cv-51
Judge Travis R. McDonough
Magistrate Judge Cynthia R. Wyrick

Defendant.
ORDER
Before the Court is Magistrate Judge Wyrick’s report and recommendation that the Court
dismiss Plaintiff’s complaint with prejudice (Doc. 9).
Plaintiff filed this action pro se and moved to proceed in forma pauperis. (Docs. 1, 4.)
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)). Therefore, Magistrate Judge Wyrick
screened Plaintiff’s complaint prior to considering his motion to proceed in forma pauperis.
(Doc. 9.) Magistrate Judge Wyrick entered a report and recommendation, recommending that

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the Court dismiss Plaintiff’s complaint with prejudice. (Id. at 7.) Plaintiff has not filed
objections to the report and recommendation, and his time to do so has passed.
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. 9) and ORDERS that all
Plaintiff’s complaint be DISMISSED WITH PREJUDICE.
AN APPROPRIATE JUDGMENT WILL ENTER.
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

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