Kelly v. National City Bank et al

Filing 6

ORDER accepting 5 Report and Recommendation and dismissing case. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROGER KELLY,
Plaintiff,

Case No. 14-CV-12337
HON. GEORGE CARAM STEEH

vs.
NATIONAL CITY BANK, et al.,
Defendants.
________________________________/

ORDER ACCEPTING REPORT AND
RECOMMENDATION AND DISMISSING CASE
On July 1, 2014, Magistrate Judge Charles E. Binder issued a report and
recommendation that the court sua sponte dismiss this pro se prisoner civil rights
complaint, brought in forma pauperis, for lack of subject matter jurisdiction. The magistrate
judge specifically stated that any objections to his report must be filed within 14 days of
service, and that failure to file such objections constituted a waiver of any further right of
appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed.
The court has reviewed, and ACCEPTS and ADOPTS the magistrate judge’s report
and recommendation. IT IS FURTHER ORDERED that this action is DISMISSED WITH
PREJUDICE. Based on the preceding order, this court certifies that any appeal from this
decision would be frivolous, not in good faith, and therefore, pursuant to 28 U.S.C. §
1915(a)(3), may not be taken in forma pauperis.
IT IS SO ORDERED.
Dated: July 24, 2014
s/George Caram Steeh
HON. GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record and
Roger Kelly #748808, Saginaw Correctional Facility,
9625 Pierce Road, Freeland, MI 48623 on
July 24, 2014, by electronic and/or ordinary mail.
s/Barbara Radke
Deputy Clerk

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