Kuntz v. Fellers
Kuntz v. Fellers
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE
RACHEL KUNTZ and R.D.B. (minor), ) ) Plaintiffs, ) ) v. ) No. 2:24-CV-00105-JRG-CRW ) SPECIAL AGENT JONATHAN FELLERS et al., ) ) Defendants. )
ORDER
This matter is before the Court on United States Magistrate Judge Cynthia R. Wyrick’s Report and Recommendation [Doc. 4]. Judge Wyrick first recommends the Court remove Plaintiff R.D.B., who, according to the Complaint’s allegations [Doc. 2], is Plaintiff Rachel Kuntz’s minor child, as a party to this action. See Fed. R. Civ. P. 17(c); Shepherd v. Wellman,
313 F.3d 963, 970–71 (6th Cir. 2002). Second, Judge Wyrick recommends the Court, under
28 U.S.C. § 1915(e)(2)(B)(i) and (ii), dismiss Plaintiffs’ claims because they are frivolous or malicious and because Plaintiffs fail to state claims for which relief may be granted. Plaintiffs have not timely objected to Judge Wyrick’s report and recommendation. See
28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Having reviewed the record, the Court agrees with Judge Wyrick’s recommendation, and the Court therefore ACCEPTS IN WHOLE the report and recommendation under
28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). For the reasons in the report and recommendation, which the Court adopts and incorporates into this Order, the Court hereby ORDERS as follows: 1. Ms. Kuntz’s claims, as they apply to her personally and as they apply to her appearance on behalf of R.D.B., are DISMISSED with prejudice; 2. The Court CERTIFIES that an appeal from this case would not be taken in good faith and would be frivolous.
28 U.S.C. § 1915(a)(3);
3. The Court FOREWARNS Ms. Kuntz that any additional filings on her part will result in the Court’s referral of her to the chief judge of this district, so that he may determine whether her history of repetitive, vexatious, or frivolous litigation warrants the entry of an injunction against her. See E.D. Tenn. Standing Order 18-04; and 4. The Clerk of Court is DIRECTED to close this case. So ordered.
ENTER:
s/J. RONNIE GREER UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT:
s/ LeAnna R. Wilson District Court Clerk
Reference
- Status
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