Meador v. U.S. Government et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS CASE, 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 1/2/19. (mbm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
EDWARD LYNN MEADOR,
Plaintiff,
VS.
UNITED STATES OF AMERICA, VA
MEMPHIS HOSPITAL,
Defendants.

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No. 18-2095-JDT-cgc

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

On February 9, 2018, Plaintiff Edward Lynn Meador, a resident of Memphis, Tennessee,
filed a pro se civil complaint and a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.)
The complaint is filed on the form used for commencing actions pursuant to 42 U.S.C. § 1983,
but the only Defendants named in the action are the United States and the Veterans Affairs
Hospital in Memphis, Tennessee. On March 20, 2018, U.S. Magistrate Judge Charmiane G.
Claxton issued an order granting Plaintiff leave to file the complaint in forma pauperis. (ECF
No. 7.) That order also directed Plaintiff to notify the Clerk promptly of any change of address
and warned that failure to do so could result in dismissal of the case without further notice. (Id.
at 2.)
Magistrate Judge Claxton subsequently issued a Report and Recommendation (R&R) on
November 7, 2018, in which she recommended the complaint be dismissed sua sponte for failure
to state a claim, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (ECF No. 8.) Objections to the R&R

were due on or before November 26, 2018. See Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ.
P. 6(a), (d). However, on December 3, 2018, the copy of the R&R mailed to Plaintiff’s address
of record was returned undeliverable. (ECF No. 10.) Plaintiff has submitted no change of
address and has filed no objections to the R&R.
Plaintiff alleges in the complaint that when he came from Texas to Memphis in 2016, he
discovered the VA Hospital in Memphis had accused him of attempted arson at that facility. As
a result of that accusation, a “red flag” was placed on him that allegedly caused him to be unable
to lease an apartment.

Plaintiff further alleges the VA Hospital took his benefits and that the

Social Security Administration takes $60 per month because his social security check was stolen.
(ECF No. 1 at 2.) He asks that the red flag be removed and that he be awarded monetary
compensation for the hardship he endured and damage to his reputation. (Id. at 3.)
In the R&R, Magistrate Judge Claxton determined the complaint in this case is subject to
dismissal in its entirety.

The Court finds no error in this conclusion, as Plaintiff factual

allegations cannot plausibly support any claim over which this Court has jurisdiction. Therefore,
the R&R is ADOPTED, and this case 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.
It is CERTIFIED, pursuant to Federal Rule of Appellate Procedure 24(a), that any appeal
in this matter by Plaintiff would not be taken in good faith. Leave to appeal in forma pauperis is,
therefore, DENIED. Accordingly, if Plaintiff files a notice of appeal, he must also pay the full
$505 appellate filing fee to the District Court Clerk or file a motion for leave to appeal 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.

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s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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