Cooper v. Pomeroy et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING CASE, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS 11 . Signed by Judge James D. Todd on 9/1/20. (skc)

Case 1:20-cv-01122-JDT-cgc Document 12 Filed 09/01/20 Page 1 of 2

PageID 36

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

)
)
)
)
)
)
)
)
)

No. 20-1122-JDT-cgc

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING CASE,
CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH,
AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS

The pro se Plaintiff, Reem Antwone Cooper, filed a complaint pursuant to 42 U.S.C.
§ 1983. (ECF No. 1.) United States Magistrate Judge Charmiane G. Claxton found that
Cooper’s complaint failed to state a claim on which relief may be granted and
recommended dismissal pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (ECF No. 7.) Cooper
filed no objections to that recommendation, but he did file an amended complaint. (ECF
No. 8.) On July 28, 2020, the Court adopted the Report and Recommendation (R&R) to
dismiss the original complaint but returned the case to the Magistrate Judge for screening
of the amended complaint.
Magistrate Judge Claxton issued a second R&R on August 11, 2020, again
recommending dismissal of the case, finding that Cooper’s amended complaint also fails
to state a claim under § 1983. (ECF No. 11 at PageID 33-34.) With regard to any claims

Case 1:20-cv-01122-JDT-cgc Document 12 Filed 09/01/20 Page 2 of 2

PageID 37

Cooper may intend to assert under Tennessee state law, the Magistrate Judge determined
those claims should be dismissed without prejudice. (Id. at PageID 34.) Objections to the
R&R were due on or before August 28, 2020. See Fed. R. Civ. P. 72(b)(2); see also Fed.
R. Civ. P. 6(d).
Cooper has filed no objections to the R&R. The Court finds no error in Magistrate
Judge Claxton’s conclusions and therefore ADOPTS the R&R to dismiss this case in its
entirety. Cooper’s § 1983 claims are DISMISSED for failure to state a claim pursuant to
28 U.S.C. § 1915(e)(2)(B)(ii); any claims asserted under Tennessee law are DISMISSED
without prejudice.
It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate
Procedure 24(a), that any appeal in this matter by Cooper would not be taken in good faith.
Leave to appeal in forma pauperis is DENIED.
The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

2