Blaskowski v. Minnesota, State of et al

Filing 13

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 7 ; denying objection 10 ; certifying that an appeal of the decision would not be taken in good faith; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ADAM BLASKOWSKI, Plaintiff, Case No. 1:15-cv-422 v HON. JANET T. NEFF MINNESOTA, STATE OF, et al., Defendants. _______________________________/ ORDER Plaintiff filed this pro se lawsuit against the state of Minnesota and additional parties. The Magistrate Judge issued a Report and Recommendation (Dkt 7), recommending that Plaintiff’s complaint be dismissed with prejudice because it failed to allege any “facts,” which even if accepted as true, state a claim upon which relief may be granted (id. at Page ID# 29). Plaintiff has refiled a portion of the Report and Recommendation noting an “objection” on this matter (Dkt 10), but he raises no substantive objection to the Magistrate Judge’s determination. In accordance with 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(3), the Court denies the objection and adopts the Magistrate Judge’s Report and Recommendation as the Opinion of this Court. A Judgment will be entered consistent with this 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), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007). Therefore: IT IS HEREBY ORDERED that the Objection (Dkt 10) is DENIED and the Report and Recommendation (Dkt 7) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED for failure to state a claim. IT IS FURTHER ORDERED that the Court certifies pursuant to 28 U.S.C. § 1915(a) that an appeal of the decision would not be taken in good faith. Dated: July 20, 2015 /s/ Janet T. Neff JANET T. NEFF United States District Judge 2

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