Opinion
3:22-CV-00091-DCLC
06-02-2022
MICHAEL SCOTT, Plaintiff, v. KNOX COUNTY COURT OF COMMON PLEAS, et al., Defendants.
ORDER
CLIFTON L. CORKER UNITED STATES DISTRICT JUDGE
This matter is before the Court to consider the Report and Recommendation of the United States Magistrate Judge [Doc. 8]. The magistrate judge recommends that Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs [Doc. 1] be granted, and that, because Plaintiff is an inmate at McMinn County Justice Center, he be assessed the civil filing fee of $350.00 consistent with the payment provisions of 28 U.S.C. § 1915(b). The magistrate judge further recommends that Plaintiff's Complaint be dismissed in its entirety because it fails to state a claim with an arguable basis in law. Specifically, the magistrate judge found that Plaintiff cannot challenge his state court conviction using the form application for a civil rights violation pursuant to 42 U.S.C. § 1983, and that this Court lacks subject matter jurisdiction to review the state court convictions Plaintiff seeks to overturn. See Rowls v. Weaver, 24 Fed.Appx. 453 (6th Cir. 2001). Plaintiff did not file objections to the Report and Recommendation.