Mariah Lynn Whynot, Intellectually Challenged Individual by and Through Next Friend Carrie Shurtleff v. Terri Lee St. Hilaire, et al.

Summary

The United States District Court for the Western District of Tennessee adopts the Magistrate Judge’s recommendation to dismiss sua sponte a pro se petition and related claims. The court concludes that Carrie Shurtleff lacks standing to assert claims on behalf of Mariah Lynn Whynot, that the federal claims arising in Florida are improperly venued, and that a request for appointment as guardian or conservator belongs in Tennessee state court. The court also certifies that any appeal would not be taken in good faith and denies leave to proceed in forma pauperis on appeal.

Holdings

1. Vague, general, or conclusory objections do not satisfy the requirement for specific objections and waive de novo review of the affected portions of a report and recommendation.
2. A person who is not the alleged ward's legal representative or guardian lacks standing to bring claims on the ward's behalf.
3. The Western District of Tennessee was not the proper forum for civil-rights claims based on alleged conduct occurring in Florida; venue was governed by 28 U.S.C. § 1391, and dismissal rather than transfer was appropriate because the claims belonged in Florida.
4. A request to appoint a guardian or conservator of a Tennessee resident must be pursued in a Tennessee state court exercising probate jurisdiction or another proper state court, not in this federal habeas action.
5. An appeal would not be taken in good faith when the same considerations requiring dismissal of the complaint show that the appeal presents no nonfrivolous issue.

Questions Presented

1. Whether the magistrate judge's report and recommendation should be adopted despite the plaintiff's vague, general, and conclusory objections.
2. Whether Shurtleff had standing to assert claims on Whynot's behalf without being Whynot's legal representative or guardian.
3. Whether the federal civil-rights claims arising from events in Florida were properly brought in the Western District of Tennessee.
4. Whether the federal district court was the proper forum for a request to appoint Shurtleff as Whynot's guardian or conservator.
5. Whether any appeal should be certified as not taken in good faith for purposes of proceeding in forma pauperis.

Disposition

dismissed