Cooper v. Pomeroy et al

Filing 10

ORDER ADOPTING 7 REPORT AND RECOMMENDATION, DENYING AS MOOT 9 MOTION TO PROCEED IN FORMA PAUPERIS, AND RETURNING THIS MATTER TO THE MAGISTRATE JUDGE FOR ADDITIONAL SCREENING. Signed by Judge James D. Todd on 7/28/2020. (mbm)

Case 1:20-cv-01122-JDT-cgc Document 10 Filed 07/28/20 Page 1 of 2

PageID 29

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
REEM ANTWONE COOPER,
Plaintiff,
VS.
ROBERT POMEROY, ET AL.,
Defendants.

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No. 20-1122-JDT-cgc

ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING AS MOOT
MOTION TO PROCEED IN FORMA PAUPERIS, AND RETURNING THIS MATTER
TO THE MAGISTRATE JUDGE FOR ADDITIONAL SCREENING

Plaintiff Reem Antwone Cooper, a resident of Jackson, Tennessee, filed a pro se complaint
pursuant to 42 U.S.C. § 1983. (ECF No. 1.) United States Magistrate Judge Charmiane G. Claxton
granted Cooper’s motion for leave to proceed in forma pauperis. (ECF No. 6.)
Cooper sues Robert Pomeroy and Scott Cornelson, narcotics investigators with the Jackson
Police Department, alleging that on June 7, 2019, they stopped him for speeding; he sought
monetary damages. (ECF No. 1 at PageID 2-3.) On July 8, 2020, Magistrate Judge Claxton issued
a Report and Recommendation (R&R) concluding that Cooper’s complaint fails to state a claim
on which relief may be granted and recommending dismissal. (Id. at PageID 17.) Objections to
the R&R were due on or before July 27, 2020. See Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ.
P. 6(a), (d).
Cooper has filed no objections to the R&R, though he has filed an amended complaint.
The Court finds no error in Magistrate Judge Claxton’s conclusion and ADOPTS the R&R; the
original complaint therefore is DISMISSED for failure to state a claim.

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Cooper filed his amended complaint against Pomeroy and Cornelson on July 22, 2020,
(ECF No. 8), along with another motion to proceed in forma pauperis, (ECF No. 9).1 Because
Cooper already has been granted pauper status in this case, the motion to proceed in forma pauperis
is DENIED as moot. The matter is returned to Magistrate Judge Claxton for screening of the
amended complaint.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

1

Though Cooper did not include the number for the present case on the documents, the
allegations therein involve the same June 7, 2019, incident as the original complaint. The Clerk
correctly treated the July 22nd complaint as an amended complaint and docketed it in this matter
instead of opening a new case. Cooper should ensure that he includes the correct case number on
every document he files.
2