Opinion
No. 19-1086-JDT-cgc
06-18-2020
JASON T. DOVER, Plaintiff, v. CITY OF JACKSON, ET AL., Defendants.
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
Plaintiff Jason T. Dover, a resident of Humboldt, Tennessee, filed a pro se complaint pursuant to 42 U.S.C. § 1983 and a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.) He sues the City of Jackson, Tennessee; District Attorney General Jody Pickens; the Madison County Criminal Justice Complex (identified in the complaint as the Jackson Madison County Jail); Jackson Police Chief Julian Wiser; and Jackson City Court Clerk Daryl Hubbard. On May 13, 2019, U.S. Magistrate Judge Charmaine G. Claxton granted Dover leave to proceed in forma pauperis. (ECF No. 6.)
Magistrate Judge Claxton issued a Report and Recommendation (R&R) on May 21, 2020, 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 June 8, 2020. See Fed. R. Civ. P. 72(b)(2); see also Fed. R. Civ. P. 6(a), (d). However, Dover has filed no objections.
For the reasons stated in the R&R, the Court finds Dover's complaint fails to state a claim on which relief may be granted. The R&R is ADOPTED, and this case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rule of Appellate Procedure 24(a), that any appeal in this matter by Dover would not be taken in good faith. Leave to appeal in forma pauperis is, therefore, DENIED. If Dover files a notice of appeal, he must 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.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE