William Scott Howard, Sr. v. Tennessee Department of Mental Health

Summary

The United States District Court for the Western District of Tennessee adopts the magistrate judge’s recommendation and dismisses William Scott Howard, Sr.’s complaint as frivolous under 28 U.S.C. § 1915(e)(2). The court certifies that any appeal would not be taken in good faith and denies leave to proceed in forma pauperis on appeal.

Holdings

1. The court adopted the magistrate judge's report and recommendation in its entirety and dismissed the complaint as frivolous.
2. The court certified that any appeal by Plaintiff would not be taken in good faith and denied leave to proceed in forma pauperis on appeal.

Questions Presented

1. Whether the magistrate judge's recommendation to dismiss the complaint as frivolous under 28 U.S.C. § 1915(e)(2) should be adopted.
2. Whether Plaintiff should be permitted to proceed in forma pauperis on appeal or whether the court should certify that an appeal would not be taken in good faith.

Disposition

dismissed