UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION

MICHAEL SCOTT, ) ) Plaintiff, ) 3:22-CV-00091-DCLC ) vs. ) ) KNOX COUNTY COURT OF ) COMMON PLEAS, et al., ) ) Defendants. )

ORDER

This matter is before the Court to consider the Report and Recommendation of the United States Magistrate Judge [Doc. 8]. The magistrate judge recommends that Plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs [Doc. 1] be granted, and that, because Plaintiff is an inmate at McMinn County Justice Center, he be assessed the civil filing fee of $350.00 consistent with the payment provisions of

(b). The magistrate judge further recommends that Plaintiff’s Complaint be dismissed in its entirety because it fails to state a claim with an arguable basis in law. Specifically, the magistrate judge found that Plaintiff cannot challenge his state court conviction using the form application for a civil rights violation pursuant to

, and that this Court lacks subject matter jurisdiction to review the state court convictions Plaintiff seeks to overturn. See Rowls v. Weaver,

(6th Cir. 2001). Plaintiff did not file objections to the Report and Recommendation.1 See Fed.R.Civ.P. 72(b).

1 Failure to file objections within the 14-day period pursuant to Rule 72(b) results in waiver of the right to appeal the Court’s order. Thomas v. Arn,

(1985). After thorough consideration of Plaintiff’s motion and the Report and Recommendation, the Court hereby incorporates by reference and ADOPTS the Report and Recommendation [Doc. 8], because it properly analyzes the issues presented. For the reasons set out in the Report and Recommendation, it is hereby ORDERED that Plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs [Doc. 1] is GRANTED. Accordingly, Plaintiff shall be

ASSESSED the civil filing fee of $350.00 as provided in the Report and Recommendation. Further, Plaintiff’s Complaint is hereby DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. A separate judgment will enter. SO ORDERED:

s/Clifton L. Corker United States District Judge