Dotson v. Fayette County Schools et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION 9 . Signed by Judge Mark S. Norris on 2/6/19. (Norris, Mark)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
______________________________________________________________________________
RODNEY DOTSON,
Plaintiff,
v.
Case No. 2:18-cv-2066-MSN-cgc
FAYETTE COUNTY SCHOOLS,
MARLON KING, NEKITA JOHNSON,
JOHN DOES 1-5, JANE DOES 1-5,
Defendants.
______________________________________________________________________________
ORDER ADOPTING REPORT AND RECOMMENDATION
______________________________________________________________________________
Before the Court is the Magistrate Judge’s Report and Recommendation on In Forma
Pauperis Screening Pursuant to 28 U.S.C. § 1915, dated November 7, 2018 (“Report”). (ECF No.
9.) The Report recommends that Plaintiff Rodney Dotson’s pro se complaint against Defendants
Fayette County Schools, Marlon King, Nekita Johnson, John Does 1-5, and Jane Does 1-5 be
dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief
may be granted.
Congress enacted 28 U.S.C. § 636 to relieve the burden on the federal judiciary by
permitting the assignment of district court duties to magistrate judges. See United States v. Curtis,
237 F.3d 598, 602 (6th Cir. 2001) (citing Gomez v. United States, 490 U.S. 858, 869–70 (1989));
see also Baker v. Peterson, 67 F. App’x 308, 310 (6th Cir. 2003). For dispositive matters, “[t]he
district judge must determine de novo any part of the magistrate judge’s disposition that has been
properly objected to.” See Fed. R. Civ. P. 72(b)(3); 28 U.S.C. §636(b)(1). After reviewing the
evidence, the court is free to accept, reject, or modify the magistrate judge’s proposed findings or

recommendations. 28 U.S.C. § 636(b)(1). The district court is not required to review—under a de
novo or any other standard—those aspects of the report and recommendation to which no objection
is made. See Thomas v. Arn, 474 U.S. 140, 150 (1985). The district court should adopt the
magistrate judge’s findings and rulings to which no specific objection is filed. See id. at 151.
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. For the foregoing reasons, the Court
ADOPTS the Report and DISMISSES with prejudice Plaintiff’s complaint. 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 6th day of February, 2019.

s/Mark S. Norris
MARK S. NORRIS
UNITED STATES DISTRICT JUDGE

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