Thornton v. AFGE Local 2274 et al

Filing 5

ORDER Adopting 4 Report and Recommendation and denying Plaintiff's 2 Application to Proceed in Forma Pauperis. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION

BRIAN KELLY THORNTON,
Plaintiff,
v.

Case Number 11-14684
Honorable Thomas L. Ludington

AFGE LOCAL 2274 et al.,
Defendants.
________________________________________/
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DENYING PLAINTIFF’S APPLICATION TO PROCEED IN FORMA PAUPERIS
This matter is before the Court on the report and recommendation (ECF No. 4) issued by
Magistrate Judge Charles E. Binder on November 7, 2011, on Plaintiff’s motion to proceed in
forma pauperis (ECF No. 2). Judge Binder recommends that the Court deny Plaintiff’s motion
as Plaintiff’s monthly income is more than 25 percent of the federal poverty level (Plaintiff
indicates that he earns $2,800 per month, which amounts to $33,600 per year, and that he has
approximately $500 in a checking or savings account).
Any party may serve and file written objections “[w]ithin fourteen days after being
served with a copy” of the report and recommendations. 28 U.S.C. § 636(b)(1). The district
court will make a “de novo determination of those portions of the report . . . to which objection is
made.” Id. The Court is not obligated to review the portions of the report to which no objection
was made. Thomas v. Arn, 474 U.S. 140, 149–52 (1985). As of today’s date, no party has filed
any objections to Judge Binder’s report and recommendation.

Accordingly, it is ORDERED that Judge Binder’s report and recommendation (ECF No.
4) is ADOPTED.
It is further ORDERED that Plaintiff’s motion to proceed in forma pauperis (ECF No. 2)
is DENIED.

s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: November 29, 2011

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon Brian Kelly Thornton, at 407 N. Mason, Saginaw, MI 48602
by first class U.S. mail on November 29, 2011.
s/Tracy A. Jacobs
TRACY A. JACOBS

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