Summary
granting a Rule 15 motion to amend in an in forma pauperis action and dismissing the amended complaint pursuant to § 1915
Summary of this case from Young v. Fedex Emps. Credit Ass'nOpinion
Case No. 2:14-cv-02094-JTF-cgc
07-03-2014
EL ESPADA TIMOTHY LEE MATTHEWS, individually and on behalf of the ESTATE OF EDNA FAULKER MATTHEWS, individually and as class representatives of all others similarly situated, Plaintiff, v. CITY OF MEMPHIS, JAMES IVY, WALTER CREWS, JAMES BOLDEN, WALTER WINFREY, LT. ARNOLD, LT. SANDRA MARSHALL, MAJOR DON CROWE, THE UNITED STATES JUSTIE DEPARTMENT, and ERIC HOLDER, US ATTORNEY GENERAL Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
GRANTING PLAINTIFF'S MOTION TO AMEND HIS COMPLAINT
CERTIFYING APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
AND
ORDER OF DISMISSAL
Before the Court is Plaintiff El Espada Timothy Lee Matthews' pro se Amended Complaint. (Pl.'s Am. Compl., ECF No. 10). On March 26, 2014, this entered an Order referring all motions to the Magistrate Judge for Report and Recommendation, pursuant to 28 U.S.C. §§ 631-639. (Order Ref. Mot., ECF No. 13). On June 17, 2014, Magistrate Judge Charmaine G. Claxton filed her Report and Recommendation, recommending that Plaintiff's Complaint be dismissed, pursuant to 28 U.S.C. § 1915, for failure to state a claim upon which relief may be granted and that leave to proceed in forma pauperis on appeal be denied, pursuant to Fed. R. App. P. 24. (Report and Recomm., ECF No. 15). Objections were due by July 1, 2014, however, no objections were filed.
After reviewing the Magistrate Judge's Report and Recommendation, Plaintiff's Amended Complaint, and the entire record, the Court hereby ADOPTS the Magistrate's Report and Recommendation.
IT IS THEREFORE ORDERED that this case is DISMISSMED.
IT IS SO ORDERED this 3rd day of July, 2014.
BY THIS COURT:
__________
JOHN T. FOWLKES, JR.
United States District Judge