Jackson v. Auto Club/Member Select Insurance Group
Filing
11
OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 7 ; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MELINDIA JACKSON,
Plaintiff,
Case No. 1:15-cv-1203
v.
HON. JANET T. NEFF
AUTO CLUB/MEMBER SELECT
INSURANCE GROUP,
Defendant.
_______________________________/
OPINION AND ORDER
Plaintiff, proceeding pro se, initiated this civil rights action with the filing of her complaint
on November 18, 2015.
On March 16, 2016, the Magistrate Judge filed a Report and
Recommendation (R&R), recommending that the action be dismissed upon initial screening pursuant
to 28 U.S.C. § 1915(e)(2)(B) on grounds that the complaint failed to state a claim upon which relief
could be granted. The matter is presently before the Court on Plaintiff’s objection to the Report and
Recommendation. 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 Report and Recommendation to which
objection has been made. The Court denies the objection and issues this Opinion and Order.
The Magistrate Judge determined that Plaintiff’s two-paragraph complaint “contains
conclusions that she was discriminated against by the defendant insurance company” but not any
facts that, even if accepted as true, state a plausible claim for relief (R&R, Dkt 7 at PageID.12).
Plaintiff’s objection merely demonstrates her overall dissatisfaction with the result in this case. The
objection does not address the Magistrate Judge’s analysis or conclusion and therefore fails to
demonstrate any error in her recommendation.
Further, the Court finds the Report and
Recommendation to be both factually sound and legally correct under the standards set forth in
Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007).
Accordingly, the Court will approve and adopt the Report and Recommendation as its
opinion, and a Judgment will be entered consistent with this Opinion and Order. See FED. R. CIV.
P. 58. For the above reasons and because this action was filed in forma pauperis, this Court also
certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Judgment would not be taken in
good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (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 9) is DENIED and the Report and
Recommendation (Dkt 7) is APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Complaint (Dkt 1) is DISMISSED pursuant to 28
U.S.C. § 1915(e)(2)(B) for the reasons stated in the Report and Recommendation.
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.
This case is CLOSED.
/s/ Janet T. Neff
JANET T. NEFF
United States District Judge
Dated: July 14, 2016
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