Opinion

Wieland

Court
District Court, W.D. Tennessee
Filed
Mar 4, 2026
Cited by
0 cases
Authority
More cited than 39.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

CHRISTOPHER N. WIELAND, )

)

Plaintiff, )

) No. 2:24-cv-02435-TLP-cgc

v. )

)

NICK SIGNAIGO, )

)

Defendants. )

ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS

COMPLAINT

Pro se Plaintiff Christopher N. Wieland, sued Defendant Nick Signaigo in June 2024

alleging that Defendant filed a false police report about Plaintiff resulting in his detention at the

Lakeside Behavioral Health Systems. (See ECF No. 1.) Under Administrative Order No. 2013-

05, this Court referred the case to Magistrate Judge Charmiane G. Claxton to manage all pretrial

matters. Judge Claxton issued a Report and Recommendation (“R&R”) in January 2025

recommending that the Court dismiss the Complaint. (ECF No. 7.) Her R&R notified both

parties that they had 14 days to object to the R&R. Neither party objected.

In the R&R, Judge Claxton recommends dismissing Plaintiff’s Complaint for failure to

state a claim because he asserts statutory claims which lack a private right of action. (ECF No.

7.) For the reasons below, this Court ADOPTS the R&R.

BACKGROUND AND THE R&R

Plaintiff sued here in June 2024. (ECF No. 1.) He also moved for leave to proceed in

forma pauperis and demanded a jury trial. (ECF Nos. 2, 6.) Judge Claxton granted leave for

Plaintiff to proceed in forma pauperis and entered the R&R recommending dismissal. (ECF No.

7.)

LEGAL STANDARD

A magistrate judge may submit to a district court judge proposed findings of fact and

recommendations for deciding pretrial matters. 28 U.S.C. § 636(b)(1)(A)–(B). And “[w]ithin 14

days after being served with a copy of the recommended disposition, a party may serve and file

specific written objections to the proposed findings and recommendations.” Fed. R. Civ. P.

72(b)(2); see also 28 U.S.C. § 636(b)(1). If the parties do not object, the district court reviews

the R&R for clear error. Fed. R. Civ. P. 72(b) advisory committee notes. And the district court

“may accept, reject, or modify, in whole or in part, the findings or recommendations made by the

magistrate judge.” 28 U.S.C. § 636(b)(1)(C). Judge Claxton entered her R&R on January 28,

2025. Neither party objected, and the time to do so has now passed. The Court therefore

reviews the R&R for clear error.

DISPOSITION

Having reviewed the record, the Court finds no clear error in Judge Claxton’s R&R. In

fact, the Court agrees with her analysis.

As Judge Claxton correctly notes, “Plaintiff offers 18 U.S.C. §1341 (frauds and

swindles), 25 C.F.R. §11.431 (Courts of Indian Offenses, receiving stolen property), 18 U.S.C.

§287 (false, fictious or fraudulent claims), 28 U.S.C. §4 (precedence of associate justices) and

criminal conspiracy as applicable statutes. These statutes (for the most part) are criminal statutes

for which there is no private right of action.” (ECF No. 7 at PageID 17.) Further, “[a] court

cannot create a claim which [a plaintiff] has not spelled out in [his] pleading,” and “district

judges have no obligation to act as counsel or paralegal to pro se litigants.” Brown v. Matauszak,

415 F. App’x 608, 613 (6th Cir. 2011); Pliler v. Ford, 542 U.S. 225, 231 (2004); see also Young

Bok Song v. Gipson, 423 F. App’x 506, 510 (6th Cir. 2011) (“[W]e decline to affirmatively

require courts to ferret out the strongest cause of action on behalf of pro se litigants. Not only

would that duty be overly burdensome, it would transform the courts from neutral arbiters of

disputes into advocates for a particular party. While courts are properly charged with protecting

the rights of all who come before it, that responsibility does not encompass advising litigants as

to what legal theories they should pursue.”), cert. denied, 565 U.S. 966 (2011). The Court

therefore declines to piece together events, individuals, and entities to try to create a viable cause

of action for Plaintiff. Having found no clear error in the R&R, the Court therefore ADOPTS

the R&R’s recommendation to dismiss the action.

CONCLUSION

The Court has reviewed Judge Claxton’s R&R and finds no clear error. And so the Court

ADOPTS the R&R’s recommendation. The Court DISMISSES Plaintiff’s Claims WITH

PREJUDICE. The Court also CERTIFIES that any appeal by Plaintiff would not be taken in

good faith and that Plaintiff may not proceed on appeal in forma pauperis.

SO ORDERED, this 4th day of March, 2026.

s/Thomas L. Parker

THOMAS L. PARKER

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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