Richmond v. Federal Reserve System

Filing 5

ORDER DISMISSING CASE signed by Judge Pamela Pepper on 8/15/2017 DENYING as moot 2 Plaintiff's MOTION for Leave to Proceed Without Prepayment of the Filing Fee and ADOPTING 4 Magistrate Judge Joseph's Report and Recommendations re 1 Plaintiff's Complaint. Case DISMISSED for failure to state a claim. (cc: all counsel, via mail to Johnny Lee Richmond)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

JOHNNY LEE RICHMOND,
Plaintiff,
v.

Case No. 17-cv-988-pp

FEDERAL RESERVE SYSTEM,
Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. NO. 4) AND
DISMISSING CASE FOR FAILURE TO STATE A CLAIM

On July 18, 2017, plaintiff Johnny Lee Richmond filed a complaint
against the Federal Reserve System, along with a motion for leave to proceed
without prepaying the filing fee. Dkt. No. 1. Although the plaintiff consented to
magistrate judge jurisdiction, the defendant has not been served and has not
had the opportunity to consent. Dkt. No. 2. As a result, Magistrate Judge
Joseph screened the complaint, and prepared a report and recommendation
that this court dismiss the complaint for failure to state a claim upon which
the court could grant relief. Dkt. No. 4. The report and recommendation, which
Judge Joseph entered on July 27, 2017, advised the plaintiff that he must file
any objection within fourteen days of service. The plaintiff has not filed an
objection.
After reviewing a magistrate judge's report and recommendation, a
district court judge may accept, reject or modify, in whole or in part, the
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findings or recommendations the magistrate judge made in the report. Fed. R.
Civ. P. 72(b). If a party objects to any part of the report, the district court must
review those parts of the report de novo (in the first instance, without giving
deference to the magistrate judge’s findings). Id. “If no objection or only partial
objection is made, the district court judge reviews those unobjected portions for
clear error.” Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th
Cir.1999).
As the court indicated, it has not received any objection from the
defendant. The court has reviewed Judge Joseph’s report, and finds that
neither her report nor her recommendation are clearly erroneous. The
plaintiff’s allegations that the currency system treats him as slave labor fail to
state a claim, and the court cannot grant the relief requested (the removal of all
federal courts).
The court ADOPTS Magistrate Judge Joseph’s July 27, 2017 report and
recommendation (dkt. no. 4) and DISMISSES this case for failure to state a
claim upon which relief can be granted. The court DENIES AS MOOT plaintiff’s
motion for leave to proceed without prepayment of the filing fee. Dkt. No. 2.
Dated in Milwaukee, Wisconsin this 15th day of August, 2017.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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