Bentley v. United States District Court for the Eastern District of Tennessee at Greeneville

E.D. Tennessee

Bentley v. United States District Court for the Eastern District of Tennessee at Greeneville

DecidedJuly 10, 2023

Docket2:23-cv-00051

StatusUnknown

This text of Bentley v. United States District Court for the Eastern District of Tennessee at Greeneville (Bentley v. United States District Court for the Eastern District of Tennessee at Greeneville) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bentley v. United States District Court for the Eastern District of Tennessee at Greeneville, (E.D. Tenn. 2023).

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Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE

MICHAEL BENTLEY, III, ) ) Case No. 2:23-cv-51 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Cynthia R. Wyrick UNITED STATES DISTRICT COURT ) FOR THE EASTERN DISTRICT OF ) TENNESSEE AT GREENEVILLE, ) ) Defendant.

ORDER

Before the Court is Magistrate Judge Wyrick’s report and recommendation that the Court dismiss Plaintiff’s complaint with prejudice (Doc. 9). Plaintiff filed this action pro se and moved to proceed in forma pauperis. (Docs. 1, 4.) Under the Prison Litigation Reform Act, district courts must screen pro se complaints—even when the plaintiff is not a prisoner but seeks in forma pauperis status—and sua sponte dismiss any claims that are frivolous or malicious, fail to state a claim on which relief may be granted, or name a defendant who is immune. See 28 U.S.C. § 1915(e)(2); Baker v. Wayne Cnty. Fam. Indep. Agency, 75 F. App’x 501, 502 (6th Cir. 2003) (“The statute requires courts to dismiss in forma pauperis complaints that fail to state a claim[] and applies to complaints filed by non- prisoners as well as prisoners.” (citations omitted)). Therefore, Magistrate Judge Wyrick screened Plaintiff’s complaint prior to considering his motion to proceed in forma pauperis. (Doc. 9.) Magistrate Judge Wyrick entered a report and recommendation, recommending that the Court dismiss Plaintiff’s complaint with prejudice. (Id. at 7.) Plaintiff has not filed objections to the report and recommendation, and his time to do so has passed. After reviewing the record and the applicable law, the Court agrees with the magistrate judge’s findings of fact, conclusions of law, and recommendation. Therefore, the Court ACCEPTS and ADOPTS the report and recommendation (Doc. 9) and ORDERS that all

Plaintiff’s complaint be DISMISSED WITH PREJUDICE. AN APPROPRIATE JUDGMENT WILL ENTER. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE

MICHAEL BENTLEY, III, ) ) Case No. 2:23-cv-51 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Cynthia R. Wyrick UNITED STATES DISTRICT COURT ) FOR THE EASTERN DISTRICT OF ) TENNESSEE AT GREENEVILLE, ) ) Defendant.

ORDER

Before the Court is Magistrate Judge Wyrick’s report and recommendation that the Court dismiss Plaintiff’s complaint with prejudice (Doc. 9). Plaintiff filed this action pro se and moved to proceed in forma pauperis. (Docs. 1, 4.) Under the Prison Litigation Reform Act, district courts must screen pro se complaints—even when the plaintiff is not a prisoner but seeks in forma pauperis status—and sua sponte dismiss any claims that are frivolous or malicious, fail to state a claim on which relief may be granted, or name a defendant who is immune. See 28 U.S.C. § 1915(e)(2); Baker v. Wayne Cnty. Fam. Indep. Agency, 75 F. App’x 501, 502 (6th Cir. 2003) (“The statute requires courts to dismiss in forma pauperis complaints that fail to state a claim[] and applies to complaints filed by non- prisoners as well as prisoners.” (citations omitted)). Therefore, Magistrate Judge Wyrick screened Plaintiff’s complaint prior to considering his motion to proceed in forma pauperis. (Doc. 9.) Magistrate Judge Wyrick entered a report and recommendation, recommending that the Court dismiss Plaintiff’s complaint with prejudice. (Id. at 7.) Plaintiff has not filed objections to the report and recommendation, and his time to do so has passed. After reviewing the record and the applicable law, the Court agrees with the magistrate judge’s findings of fact, conclusions of law, and recommendation. Therefore, the Court ACCEPTS and ADOPTS the report and recommendation (Doc. 9) and ORDERS that all

Plaintiff’s complaint be DISMISSED WITH PREJUDICE. AN APPROPRIATE JUDGMENT WILL ENTER. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE

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Bentley v. United States District Court for the Eastern District of Tennessee at Greeneville, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bentley-v-united-states-district-court-for-the-eastern-district-of-tned-2023.

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