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Sizemore v. Department of Veterans Affairs

United States District Court, E.D. Tennessee, Chattanooga

October 24, 2014

DEWEY H. SIZEMORE, Plaintiff,
v.
DEPARTMENT OF VETERANS AFFAIRS, et al., Defendants.

ORDER

HARRY S. MATTICE, Jr., District Judge.

On September 25, 2014, United States Magistrate Judge William B. Carter filed a Report and Recommendation (Doc. 3) pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Carter recommended that Plaintiff's Motion for leave to proceed in forma pauperis be denied pursuant to 28 U.S.C. § 1915(e)(2) and that this action be dismissed because Plaintiff's Complaint (Doc. 1) does not set forth a claim for which relief can be granted. (Doc. 4)

Plaintiff has filed a response to Magistrate Judge Carter's Report and Recommendation. (Doc. 5). In his response, Plaintiff reiterates some of the allegations contained in his Complaint, but makes no effort explain how such allegations give rise a claim upon which relief can be granted. ( See id. ). Therefore, the Court agrees with Magistrate Judge Carter's well-reasoned Report and Recommendation and finds that Plaintiff's Complaint fails to state a claim upon which relief can be granted.

Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Carter's findings of fact and conclusions of law. Plaintiff's Motion for leave to proceed in forma pauperis is DENIED and the case his hereby DISMISSED WITH PREJUDICE.

SO ORDERED.


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