Smith v. Yassin's Falafel House

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE CHRISTOPHER SMITH, ) ) Case No. 3:23-cv-201 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Jill E. McCook YASSIN’S FALAFEL HOUSE, ) ) Defendant. ) ) ORDER Before the Court is Magistrate Judge McCook’s report and recommendation that the Court dismiss Plaintiff’s complaint (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 nonprisoners as well as prisoners.” (citations omitted)). Therefore, Magistrate Judge McCook screened Plaintiff’s complaint prior to considering his motion to proceed in forma pauperis. (Doc. 8.) Magistrate Judge McCook entered a report and recommendation, recommending that the Court dismiss Plaintiff’s complaint. (Id. at 5.) 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 complaint be DISMISSED. AN APPROPRIATE JUDGMENT WILL ENTER. /s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE