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EL ESPADA TIMOTHY LEE MATTHEWS, indi v. dually and on behalf of the ESTATE OF EDNA FAULKER MATTHEWS, indi

JOHN T. FOWLKES

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


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El Espada Timothy Lee Matthews ex rel. Matthews v. City of Memphis
(Jul 3, 2014)