Johnson v. Knox County Schools

• Court: District Court, E.D. Tennessee
• Decided: January 13, 2023
• Docket: 3:22-cv-00136
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

SHAQUE JOHNSON, ) ) Case No. 3:22-cv-136 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Debra C. Poplin KNOX COUNTY SCHOOLS, et al., ) ) Defendants. ) )

ORDER

Before the Court is Magistrate Judge Poplin’s report and recommendation that the Court dismiss Plaintiff’s Title IV claims and his Title IX claims against all Defendants except Knox County Schools (Doc. 8). Plaintiff filed this action pro se and moved to proceed in forma pauperis. (Docs. 1, 2.) 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 Poplin screened Plaintiff’s complaint prior to considering his motion to proceed in forma pauperis. (Doc. 9.) Magistrate Judge Poplin entered a report and recommendation, recommending that the Court: (1) dismiss Plaintiff’s Title VI as to all Defendants, (2) allow Plaintiff’s Title IX claim to proceed against Knox County Schools, and (3) dismiss Plaintiff’s Title IX claim as to all remaining Defendants. 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. 8) and ORDERS that all Plaintiff’s claims, except his Title IX claim against Knox County Schools, be dismissed from this action. Even though Magistrate Judge Poplin granted Plaintiff’s motion to proceed in forma pauperis, she ordered that no process should issue until the undersigned ruled upon the report and recommendation because of the recommendation that the claims against various parties named in the complaint be dismissed. (Doc. 8, at 1.) In light of the Court’s adoption of this recommendation, the Clerk is DIRECTED to issue the summons for Defendant Knox County Schools upon Plaintiff’s completion of its service packet. SO ORDERED.

/s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE