Richards v. McKee et al

Filing 64

ORDER Adopting Report and Recommendation for Denying 56 Motion filed by Campau, re 62 Report and Recommendation, Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Kyle B. Richards,
Plaintiff,
v.

Case No. 12-14148

Ken McKee, et. al.,

Honorable Sean F. Cox
Magistrate Judge Laurie J. Michelson

Defendants.
_________________________________/
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
On September 19, 2012, Plaintiff brought this action against nearly fifty defendants,
including Macomb County Jail officials and personnel, alleging violations of 42 U.S.C. section 1983
and state law. (Doc. #1). On December 10, 2012, this Court granted Plaintiff’s motion to proceed
in forma pauperis. (Doc. #12).
Defendant Scott Campau thereafter filed a Motion to Revoke Plaintiff’s In Forma Pauperis
Status, (Doc. #56), arguing that Plaintiff is not permitted to proceed in forma pauperis as he has had
three cases dismissed because the court found they were frivolous, malicious, or failed to state a
claim (“three strikes rule.”). Plaintiff filed a response in opposition to Defendant’s motion. (Doc.
#60).
In a Report and Recommendation (“R&R”) issued on December 12, 2013 (Doc. #62),
Magistrate Judge Michelson recommended that this Court deny Defendant’s motion because this
Court has already considered, and rejected, Defendant’s argument in its Order Granting In Forma
Pauperis Status. (Doc. #12). Specifically, Judge Michelson points out that this Court found that

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Plaintiff’s situation fell within the “imminent danger” exception to the “three strikes” rule because
Plaintiff alleged that “prison authorities are starving him” and that he was “beginning to suffer
physical symptoms from lack of food.” (Doc. #12, Dec. 10, 2012 Order at 3-4). No party has filed
objections to the December 12, 2013 R&R.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a
matter by a Magistrate Judge must file objections to the R&R within fourteen (14) days after being
served with a copy of the R&R. “The district judge to whom the case is assigned shall make a de
novo determination upon the record, or after additional evidence, of any portion of the magistrate
judge’s disposition to which specific written objection has been made.” Id.
The time for filing objections to the R&R has expired and the docket reflects that neither
party has filed objections to the R&R. Furthermore, the Court agrees with the Magistrate Judge’s
analysis of the issues presented. Therefore, the Court hereby ADOPTS the December 12, 2013
R&R. IT IS ORDERED that Defendant’s Motion to Revoke Plaintiff’s In Forma Pauperis Status
is DENIED.
IT IS SO ORDERED.

Dated: January 9, 2014

S/ Sean F. Cox
Sean F. Cox
U. S. District Court Judge

I hereby certify that on January 9, 2014, the foregoing document was served upon counsel of

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record by electronic means and upon Kyle B. Richards by First Class Mail at the address below:
Kyle Richards
641715
Bellamy Creek Correctional Facility
1727 West Bluewater Highway
Ionia, MI 48846
Dated: January 9, 2014

S/ J. McCoy
Case Manager

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