Harris v. Shelby County Schools et al

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS. Signed by Judge Sheryl H. Lipman on 8/8/17. (Lipman, Sheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
ANGELA R. HARRIS, on behalf of I.H., a
minor,
Plaintiff,
v.
SHELBY COUNTY SCHOOLS, SHELBY
COUNTY SHERIFF’S OFFICE and
MAGDALENA ROMAN,
Defendants.

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No. 17-cv-2309-SHL-dkv

ORDER ADOPTING REPORT AND RECOMMENDATION
Before the Court is Chief Magistrate Judge Diane K. Vescovo’s Report and
Recommendation (“Report”) (ECF No. 7), filed May 12, 2017, recommending the sua sponte
dismissal of Plaintiff’s Pro Se Complaint (ECF No. 1).
A magistrate judge may submit to a judge of the court proposed findings of fact and
recommendations for dismissal of a complaint for lack of standing or for failure to state a claim
pursuant to Federal Rule of Civil Procedure 12(b)(6). 28 U.S.C. § 636(b)(1)(B). “Within 14
days after being served with a copy of the recommended disposition, a party may serve and file
specific written objections to the proposed findings and recommendations.” Fed. R. Civ. P.
72(b)(2); see also 28 U.S.C. § 636(b)(1). A district court reviews de novo only those proposed
findings of fact or conclusions of law to which a party specifically objects. Id.; see also Fed. R.
Civ. P. 72(b)(3).
The deadline to object to the Report has passed, and Plaintiff has filed no objections. The
Court has reviewed the Report for clear error and finds none. Therefore, the Court ADOPTS the
Chief Magistrate Judge’s Report and DISMISSES Plaintiff’s Complaint for lack of standing as
to the claims raised on behalf of the minor and for failure to state a claim on which relief may be

granted to the extent any claims are being made on behalf of Angela Harris herself. Moreover,
the Court CERTIFIES that any appeal by Plaintiff in this matter would not be taken in good
faith, and, therefore, Plaintiff may not proceed on appeal in forma pauperis.
IT IS SO ORDERED, this 8th day of August, 2017.
s/ Sheryl H. Lipman
SHERYL H. LIPMAN
UNITED STATES DISTRICT JUDGE

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