Summary
The United States District Court for the Western District of Tennessee adopted a magistrate judge’s Report and Recommendation and dismissed James Harry Hebert Bordages, Jr.’s complaint with prejudice. The court concluded that the allegations of a conspiracy involving unauthorized surveillance were vague, baseless, and frivolous, and it denied the motion for a temporary restraining order.
Holdings
- Objections to a magistrate judge's report and recommendation must be specific; vague, general, or conclusory objections do not identify issues for de novo review, allowing the district court to review the recommendation for clear error.
- The court adopted the recommendation that the complaint's vague, nebulous, baseless, and frivolous allegations did not support federal subject matter jurisdiction and warranted dismissal with prejudice.
- The district court found no clear error, adopted the magistrate judge's Report and Recommendation, dismissed Plaintiff's claims with prejudice, and denied his motion for a temporary restraining order.
Questions Presented
- Whether Plaintiff's general objections to the magistrate judge's Report and Recommendation required de novo review.
- Whether the complaint's vague and frivolous surveillance allegations supported subject matter jurisdiction and stated a viable basis for relief.
- Whether the magistrate judge's recommendation to dismiss the complaint and deny a temporary restraining order should be adopted.
Disposition
dismissed
Cases Cited (18)
- Spencer v. Bouchard, 449 F.3d 721, 725 (6th Cir. 2006)(followed)
- Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995)(followed)
- Jones v. Bock, 549 U.S. 199 (2007)(abrogated_on_other_grounds)
- Solomon v. Michigan Department of Corrections, 478 F. App'x 318, 320 (6th Cir. 2012)(followed)
- Slater v. Potter, 28 F. App'x 512, 513 (6th Cir. 2002)(followed)
- Carter v. Mitchell, 829 F.3d 455, 472 (6th Cir. 2016)(followed)
- Thomas v. Arn, 474 U.S. 140, 147 (1985)(followed)
- Howard v. Secretary of Health & Human Services, 932 F.2d 505, 509 (6th Cir. 1991)(followed)
- Robert v. Tesson, 507 F.3d 981, 994 (6th Cir. 2007)(followed)
- Burnes v. Clinton, 238 F.3d 419, at *1 (6th Cir. 2000)(followed)
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Cited In (0)
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Court Document
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