Memphis Shelby County Child Support et al v. El Bey

Filing 7

ORDER DENYING AS MOOT DE 2 MOTION for Leave to Proceed in forma pauperis; ORDER ADOPTING REPORT AND RECOMMENDATIONS DE 6 REPORT AND RECOMMENDATION; ORDER REMANDING CASE to Shelby County Juvenile Court. Signed by Judge John T. Fowlkes, Jr on 7/31/13. (Fowlkes, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

JA NAWARA EL BEY a/k/a JAMES F.
HILL,
Plaintiff,
v.
MEMPHIS SHELBY COUNTY CHILD
SUPPORT, AUGUSTA AVERY, JOY
TOULIATOS, STATE OF TENNESSEE,
and SHELBY COUNTY JUVENILE
COURT,
Defendant.

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Case No. 2:13-cv-02380-JTF-dkv

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AS MOOT

Before the Court is Plaintiff’s Ja Nawara El-Bey a/k/a/ James F. Hill Motion for Leave to
Proceed in forma pauperis, filed on June 3, 2013. (D.E. #2). On June 6, 2013, the Magistrate
Judge entered an Order Directing Removing Defendant to File a Properly Completed Application
to Proceed In Forma Pauperis or Pay the Civil Filing Fee. (D.E. #3). On June 12, 2013, the
Motion was referred to the Magistrate for Report and Recommendation, pursuant to 28 U.S.C.
§§631-39. (D.E. #25). Plaintiff filed an Affidavit of Fact Averment of Jurisdiction—Quo
Warranto Writ of Error on July 2, 2013, in response to the Magistrate’s June 6, 2013 Order.
(D.E. #5). On July 10, 2013, the Magistrate entered her Report and Recommendation,
recommending that the case be remanded to Shelby County Juvenile Court. (D.E. #6). No
objections were filed.

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After reviewing the Magistrate Judge’s Report and Recommendation, Plaintiff’s Motion and
Affidavit, and the entire record, the Court hereby ADOPTS the Magistrate’s Report and
Recommendation.
IT IS THEREFORE ORDERED that this case is REMANDED to Shelby County Juvenile
Court, and Plaintiff’s Motion for Leave to Proceed in Forma Pauperis is DENIED as MOOT.
IT IS SO ORDERED this 31st day of July, 2013.
BY THIS COURT:
s/John T. Fowlkes, Jr.
JOHN T. FOWLKES, JR.
United States District Judge

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