Jones v. Goldwire, et al.

Summary

This Report and Recommendation addresses Ronald D. Jones’s second amended complaint against Dexter Goldwire and others arising from an alleged neighborhood altercation and the City of Quincy’s failure to pursue criminal charges. The magistrate judge concluded that the complaint failed to identify a consistent defendant, allege facts showing Commissioner Robin Wood’s involvement, or establish a constitutional violation under 42 U.S.C. § 1983. The recommendation is that the complaint be dismissed with prejudice for failure to state a claim.

Holdings

1. The complaint is dismissed because Plaintiff has no constitutional right to compel criminal prosecution of his neighbor, and no facts show state action violated his rights.

Questions Presented

1. Whether the second amended complaint states a claim under 42 U.S.C. § 1983.

Disposition

dismissed