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)

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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. ) ) ) ) ) ) ) ) ) ) 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 2

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