Stanley v. United States Department of Justice et al

Filing 12

ORDER Adopting 8 Report and Recommendation. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHNNIE STANLEY,
Plaintiff,

Case No. 15-cv-12269

v.

HONORABLE STEPHEN J. MURPHY, III

UNITED STATES DEPARTMENT OF
JUSTICE, ATTORNEY GENERAL,
UNITED STATES ATTORNEY BARBARA
MCQUADE,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION (document no. 8)
On June 22, 2015, Plaintiff Johnnie Stanley, a pro se prisoner, filed a complaint
against the above-named Defendants, claiming violations of criminal procedure and his
Sixth Amendment rights. Compl., ECF No. 1. The Court referred the case to Magistrate
Judge Patricia T. Morris on July 29. Order, ECF No. 5. On July 30, Stanley was granted
permission to proceed in forma pauperis. Orders, ECF Nos. 6, 7.
Magistrate Judge Morris issued her Report and Recommendation on August 14. The
report noted that Stanley has had three civil actions dismissed for failing to state a claim
upon which relief can be granted. Rep. at 3, ECF No. 8. Accordingly, under 28 U.S.C.
§ 1915(g), the Court must deny Stanley the privilege of proceeding without prepayment of
fees, and require payment of the filing fee.
Under Civil Rule 72(b), each party had fourteen days from the date of service to file
any written objections to the recommended disposition. Neither party has filed any
objections. De novo review of the magistrate judge’s findings is therefore not required. See
Fed. R. Civ. P. 72(b)(2)–(3) (mandating de novo review only if the parties “serve and file

specific written objections to the proposed findings and recommendations”). The Court has
reviewed the file and the Report, and finds that the magistrate judge’s analysis is proper.
Accordingly, the Court adopts the Report’s findings and conclusions, and will enter an
appropriate judgment.

ORDER
WHEREFORE, it is hereby ORDERED that the Magistrate Judge’s Report and
Recommendation (document no. 8) is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff’s in forma pauperis status is REVOKED.
IT IS FURTHER ORDERED that Plaintiff must pay the entire filing fee by September
30, 2015, or this case will be dismissed without prejudice.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: September 1, 2015
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on September 1, 2015, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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