Thomas #371849 v. Caruso et al

Filing 27

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 24 ; Plaintiff's complaint is dismissed for failure to state a claim upon which relief can be granted; the Court finds no good-faith basis for appeal; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)

UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION

JIMMY LEWIS THOMAS, P l a in t i f f , v. P A T R IC IA CARUSO, et al., D e f e n d a n ts . / O R D E R AND JUDGMENT A P P R O V I N G REPORT AND RECOMMENDATION T h e court has reviewed the Report and Recommendation filed by the United States M a gistra te Judge in this action. The Report and Recommendation was duly served on the parties o n August 28, 2008 . No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C). T H E R E F O R E , IT IS ORDERED that the Report and Recommendation of the Magistrate J u d ge , filed August 28, 2008, is approved and adopted as the opinion of the court. I T IS ORDERED that plaintiff's complaint is DISMISSED pursuant to 28 U.S.C. §§ 1 9 1 5 (e )(2 ), for failure to state a claim upon which relief can be granted. I T IS FURTHER ORDERED that the Court finds no good-faith basis for appeal within th e meaning of 28 U.S.C. § 1915(a)(3). See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6 th Cir. 1997) Case No. 1:08cv497 H o n . Robert J. Jonker

/s/Robert J. Jonker ROBERT J. JONKER U N IT E D STATES DISTRICT JUDGE D a te d : October 24, 2008