Jackson v. Kent County Department of Human Services

Filing 12

OPINION AND ORDER APPROVING AND ADOPTING AMENDED REPORT AND RECOMMENDATION 10 ; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JEFFREY JACKSON-EL,
Plaintiff,

Case No. 1:11-cv-508

v

HON. JANET T. NEFF

KENT COUNTY DEPARTMENT OF
HUMAN SERVICES,
Defendant.
_______________________________/

OPINION AND ORDER
This is a prisoner civil rights action filed pursuant to 42 U.S.C. § 1983, in which Plaintiff
seeks payment of his S.S.I. in the form of four Gold Eagle coins and two dollar bills. On June 7,
2011, the Magistrate Judge filed an Amended Report and Recommendation, recommending that the
action be dismissed upon initial review pursuant to 28 U.S.C. § 1915(e)(2). The matter is presently
before the Court on Plaintiff’s objections to the Amended Report and Recommendation (Dkt 11).
In accordance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(3), the Court has performed de
novo consideration of those portions of the Amended Report and Recommendation to which
objections have been made. The Court denies the objections and issues this Opinion and Order.
Plaintiff objects to the Magistrate Judge's finding that Plaintiff's complaint fails to state a
claim upon which relief may be granted. Plaintiff’s Objection demonstrates his disagreement with
the Magistrate Judge's conclusions, but Plaintiff's bare reference to constitutional authority, without
any analysis, offers no support for a different outcome. The Magistrate Judge properly found
Plaintiff failed to state a claim. The Court therefore denies the Objection.

Accordingly, this Court adopts the Magistrate Judge’s Amended Report and
Recommendation as the Opinion of this Court. A Judgment will be entered consistent with this
Opinion and Order. See FED. R. CIV. P. 58. Because this action was filed in forma pauperis, this
Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this decision would not be
taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610 (6th Cir. 1997).
Therefore:
IT IS HEREBY ORDERED that the Objection (Dkt 11) is DENIED and the Amended
Report and Recommendation (Dkt 10) is APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Amended Complaint (Dkt 8) is DISMISSED
pursuant to 28 U.S.C. § 1915A(b)(1) with prejudice for the reasons stated in the Amended Report
and Recommendation.
IT IS FURTHER ORDERED that the Court certifies pursuant to 28 U.S.C. § 1915(a) that
an appeal of the Judgment would not be taken in good faith.

Dated: September 13, 2011

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge

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