2:24-cv-02077•Stinson v. Mark Yates and Wall & Associates, Inc.
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION MARK T. STINSON, ) ) Plaintiff, ) ) v. ) No. 24-cv-02077-SHM-tmp ) MARK YATES, et al., ) ) Defendants. ) REPORT AND RECOMMENDATION Before the court are several motions from pro se plaintiff Mark T. Stinson, including “Motion for Leave to Proceed in forma pauperis” filed on November 3, 2025 (ECF No. 59); “Motion for Default Judgment” filed on November 10, 2025 (ECF No. 60); “Motion for Entry of Default” filed on November 18, 2025 (ECF No. 61); “Plaintiff’s Motion for Entry of Default, Default Judgment, Objections to Magistrate Judge’s Report and Recommendation Denying Default Judgment” filed on December 1, 2025 (ECF No. 2); and “Motion to Compel Conferral and/or Motion for Sanctions Against Defendants for Failure to Respond and Denial of Conferral” filed on December 8, 2025 (ECF No. 63).1 The undersigned recommends that these motions be denied. 1Pursuant to Administrative Order No. 2013-05, this case has been referred to the undersigned United States magistrate judge for Case 2:24-cv-02077-SHM-tmp Document 65 Filed 12/19/25 Page 1 of 4 PageID <pageID>
- 2 - Stinson’s complaint is brought under 42 U.S.C. § 1983 and Bivens v. Six Unknown Federal Agents, 403 U.S. 388 (1971), alleging “a broad conspiracy between the federal judge (Judge Fowlkes), the federal prosecutors (Griffin and Brooks), his court-appointed attorneys (Quinn and Stegall), and his retained defense attorney (Miller)[,]” who were all involved in the criminal case against him, and “the state court judge (Chancellor Jenkins) and his retained attorneys (Wilkins and Sanders) in a contemporaneous state court proceeding related to Stinson’s business.” (ECF No. 41 at PageID 121.) On August 5, 2025, the undersigned entered a Report and Recommendation recommending that Stinson’s complaint be dismissed under Apple v. Glenn, 183 F.3d 477 (6th Cir. 1999). (ECF No. 41 at PageID 119.) A court may “sua sponte dismiss a complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure when the allegations of a complaint are totally implausible, attenuated, unsubstantial, frivolous, devoid of merit, or no longer open to discussion.” Apple, 183 F.3d at 479 (citing Hagans v. Lavine, 415 U.S. 528, 536-37 (1974); In re Bendectin Litig., 857 F.2d 290, 300 (6th Cir. 1988)); see also Rice v. Vill. of Johnstown, 30 F.4th 584, 598 (6th Cir. 2022). In the August 5 Report and Recommendation, the undersigned determined that Stinson’s complaint warranted Apple v. management of all pretrial matters for determination or report and recommendation, as appropriate. Case 2:24-cv-02077-SHM-tmp Document 65 Filed 12/19/25 Page 2 of 4 PageID <pageID>
- 3 - Glenn sua sponte dismissal because his “allegations of a broad conspiracy between federal and state court judges, federal prosecutors, and his attorneys to send him to jail so that they could steal his business plans for an online food delivery service are ‘totally implausible,’” thus depriving the court of subject matter jurisdiction. (ECF No. 41 at PageID 127.) Additionally, the undersigned found that the complaint is barred under res judicata. (Id.) The undersigned therefore concluded Stinson’s complaint should be dismissed. (Id. at PageID 131.) This analysis was reinforced in another report and recommendation on September 4, 2025, where the undersigned again recommended dismissal of Stinson’s complaint. (ECF No. 50.) Regarding plaintiff’s Motion for Leave to Proceed in forma pauperis, the undersigned finds the request moot. When a plaintiff has already paid the initial filing fee “well before requesting IFP status[,]” applications may be denied as moot. Hoeltzel v. Pillsbury, No. 19-12328, 2020 WL 3717331 at *1 (E.D. Mich. Mar. 3, 2020). Stinson paid the filing fee at the commencement of litigation. (ECF No. 5.) Thus, he may not now retroactively request in forma pauperis status. As for his other motions, the pending report and recommendations, the undersigned recommends that Stinson’s Motions all be denied. Respectfully submitted, Case 2:24-cv-02077-SHM-tmp Document 65 Filed 12/19/25 Page 3 of 4 PageID <pageID>
- 4 - s/Tu M. Pham TU M. PHAM Chief United States Magistrate Judge December 19, 2025 Date NOTICE WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY OF THIS REPORT AND RECOMMENDED DISPOSITION, ANY PARTY MAY SERVE AND FILE SPECIFIC WRITTEN OBJECTIONS TO THE PROPOSED FINDINGS AND RECOMMENDATIONS. ANY PARTY MAY RESPOND TO ANOTHER PARTY’S OBJECTIONS WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY. 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(2); L.R. 72.1(g)(2). FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS MAY CONSTITUTE A WAIVER AND/OR FORFEITURE OF OBJECTIONS, EXCEPTIONS, AND FURTHER APPEAL Case 2:24-cv-02077-SHM-tmp Document 65 Filed 12/19/25 Page 4 of 4 PageID <pageID>
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