Reeves v. Spaulding et al

Filing 41

ORDER ADOPTING MAGISTRATE JUDGE'S Report and Recommendation 40 AND DISMISSING PLAINTIFF'S COMPLAINT. Granting 32 Motion to Revoke In Forma Pauperis Status. Signed by District Judge Gerald E Rosen. (RBri)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

FRED DANIEL REEVES, Plaintiff, vs. DONALD SPAULDING, et al., Defendants. ________________________________/ No. 09-CV-10825-DT Hon. Gerald E. Rosen

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on January 8, 2010 PRESENT: Honorable Gerald E. Rosen United States District Judge This matter having come before the Court on the November 4, 2009 Report and Recommendation of United States Magistrate Judge Mark A. Randon recommending that the Court grant Defendants' motion to revoke Plaintiff's ifp status under § 1915(g) and dismiss Plaintiff's complaint, without prejudice; and no timely objections to the Magistrate Judge's Report and Recommendation having been filed; and the Court having reviewed the Magistrate Judge's Report and Recommendation, and the Court's file of this action and having concluded that, for the reasons stated in the Report and Recommendation, Defendants' Motion should be granted and, as recommended by the Magistrate Judge, this case should be dismissed in its entirety, without prejudice, and the Court being otherwise

fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of November 4, 2009 [Dkt. # 40] be, and hereby is, adopted by this Court. IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Defendants' Motion to Revoke In Forma Pauperis Status [Dkt. # 32] be, and hereby is, GRANTED. IT IS FURTHER ORDERED that Plaintiff's Complaint is hereby DISMISSED, in its entirety, without prejudice.

s/Gerald E. Rosen Chief Judge, United States District Court Dated: January 8, 2010
CERTIFICATE OF SERVICE , I electronically filed the foregoing paper with the I hereby certify that on January 8, 2010 Clerk of the Court using the ECF system which will send notification of such filing to the following: Allan J. Soros , and I hereby certify that I have mailed by United States Postal Service the paper to the following non-ECF participants: Fred Reeves, Jr., #241575, St. Louis Correctional Facility, 8585 N. Croswell Road, St. Louis, MI 48880 . s/Ruth A. Brissaud Ruth A. Brissaud, Case Manager [phone]