Castle v. Belen et al

Filing 5

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 4 and DISMISSING Plaintiff's complaint ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF MICHIGAN SOUTHERN DIVISION LARRY CASTLE, Plaintiff, File no: 1:08-CV-853 v. HON. ROBERT HOLMES BELL UNKNOWN BELEN, et al., Defendants. /

ORDER APPROVING MAGISTRATE'S R E P O R T AND RECOMMENDATION T h e Court has reviewed the Report and Recommendation filed by the United States M a g i str a te in this action. The Report and Recommendation was duly served on the parties. N o objections have been filed. A C C O R D IN G L Y , the Report and Recommendation is hereby adopted as the opinion o f the Court. T H E R E F O R E , IT IS ORDERED that: P la in tif f 's complaint is hereby DISMISSED as frivolous pursuant to 28 U.S.C. § 1 9 1 5 (e)(2). IT IS FURTHER ORDERED that the Court finds no good-faith basis for appeal w ith in the meaning of 28 U.SC. §1915(a)(3). See McGore v. Wrigglesworth, 114 F.3d 601, 6 1 1 (6 th Cir. 1997).

D a te:

November 13, 2008

/s/ Robert Holmes Bell ROBERT HOLMES BELL U N IT E D STATES DISTRICT JUDGE