Sykes v. Los Angeles Police Dept. et al

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATION TO DISMISS, CERTIFYING AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS. Signed by Judge James D. Todd on 11/23/16. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
JONATHAN D. SYKES,
Plaintiff,
VS.
LOS ANGELES POLICE
DEPARTMENT and JOSE ROBLEDO,
Defendants.

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No. 16-2077-JDT-cgc

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

On February 4, 2016, Plaintiff Jonathan D. Sykes, a resident of Memphis, Tennessee, filed
a pro se complaint on the form used for commencing an action pursuant to 42 U.S.C. § 1983,
accompanied by a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.) United States
Magistrate Judge Charmiane D. Claxton granted leave to proceed in forma pauperis on October 31,
2016, and issued a Report and Recommendation (“R&R”) in which she recommended the Court
dismiss the case sua sponte for failure to state a claim. (ECF No. 5.) Objections to the R&R were
due within fourteen days, on or before November 17, 2016. See Fed. R. Civ. P. 72(b)(2); see also
Fed. R. Civ. P. 6(a), (d). However, Plaintiff has filed no objections.
Plaintiff has named the Los Angeles Police Department (“LAPD”) and LAPD Detective Jose
Robledo as Defendants. However, as noted by the Magistrate Judge, the complaint is simply a
lengthy timeline describing how Defendant Robledo and a great many unidentified “cartel” workers
have supposedly watched, followed and recorded Plaintiff’s activities since December 2013 in

various places in California and Mississippi and in Memphis with the aim of killing him. For
example, Plaintiff states that on one particular day in Memphis, various individuals recorded his
movements:
01-11-2016

Cartel followed me from the front
(1) Pretends to play the lottery while recording me with his cellphone
(1) Followed me from the front as he exits the BP store at Summer & Sevier
Durham school bus driver follows me from the rear with a bus load of kids,
recording me with his cellphone.
717 Sevier Mphs, TN Records me with his kids from the front as I walk by.

01-11-2016

Multiple cartel workers caught recording me with their cellphones
(1) Pretends to exercise
(1) Pretends to rent or buy a house, its [sic] vacant
(1) Comcast worker recording me as he turns the corner
(1) Cartel worker records me as he passes me on his bicycle
(1) Cartel worker pulls up and records me with his cellphone, then leaves
(1) Cartel worker sits and waits with a van full of kids following me from the
front
(3) Cartel workers pretends [sic] to work on a fence
(1) Cartel worker stops and pretends to pick up pecans, as I passby [sic]
walking he takes off after recording me with his kids.

(ECF No. 1 at 7.)
Magistrate Judge Claxton found that the complaint is incomprehensible and fails to comply
with Federal Rule of Civil Procedure 8(a)(2), requiring a pleading to contain “a short and plain
statement of the claim showing that the pleader is entitled to relief.” Therefore, she concluded the
complaint does not state a plausible claim against any defendant under any colorable legal theory.
The Court agrees with that conclusion and ADOPTS the R&R. Accordingly, the complaint is
DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief
may be granted.

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Pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a), the Court
CERTIFIES that an appeal by Plaintiff would not be taken in good faith and DENIES leave to
appeal in forma pauperis. Accordingly, if Petitioner files a notice of appeal, he must also pay the
entire $505 appellate filing fee or file a motion to proceed in forma pauperis and supporting affidavit
in the Sixth Circuit Court of Appeals.
The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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