Anthony L. Gooch v. Harlon Terry Jones, Joyce Jones, Ted Sample, Chris Huglas, Eddie Watkins, Jane Watkins, Rutherford Police Department, Rutherford City Hall, and Sandy Simpson

Summary

The United States District Court for the Western District of Tennessee adopted the magistrate judge’s report and recommendation and dismissed Anthony L. Gooch’s 42 U.S.C. § 1983 complaint for failure to state a claim. The court found federal-question jurisdiction but concluded that the complaint alleged no facts establishing a constitutional violation or the defendants’ responsibility for one. The court also certified that any appeal would not be taken in good faith and denied in forma pauperis status for an appeal.

Holdings

1. The plaintiff's one-page, one-sentence filing did not state any specific objection to the magistrate judge's report and recommendation, so no specific objection was preserved.
2. The complaint invoked federal-question jurisdiction because it asserted claims under 42 U.S.C. § 1983, even though the claims ultimately failed on the merits.
3. The complaint failed to state a claim under § 1983 because it alleged no facts showing a constitutional violation or facts establishing that any defendant, including the municipality, was responsible for such a violation.
4. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and that the plaintiff could not proceed in forma pauperis on appeal.

Questions Presented

1. Whether the plaintiff preserved any specific objection to the magistrate judge's report and recommendation.
2. Whether the complaint established federal-question jurisdiction under 28 U.S.C. § 1331.
3. Whether the complaint stated a claim for relief under 42 U.S.C. § 1983.
4. Whether the plaintiff should be permitted to proceed in forma pauperis on appeal.

Disposition

dismissed