Gleason v. President of United States

Filing 10

OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 7 ; Complaint 1 is DISMISSED for failure to state a claim; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MATTHEW DAVID GLEASON,
Plaintiff,
Case No. 1:17-cv-413
v.
HON. JANET T. NEFF
PRESIDENT OF UNITED STATES,
Defendant.

____________________________/
OPINION AND ORDER
Plaintiff filed this pro se action against the President of the United States. The matter was
referred to the Magistrate Judge, who issued a Report and Recommendation, recommending that
the matter be dismissed for failure to state a claim (ECF No. 7). The matter is presently before the
Court on Plaintiff’s objection to the Report and Recommendation (ECF No. 8). 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.
Plaintiff objects to the Report and Recommendation in only general terms and fails to
demonstrate any factual or legal error in the Magistrate Judge’s determination. The Magistrate
Judge properly determined the present case must be dismissed for failure to state a claim upon
which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). Accordingly, this Court denies
the objection and approves and adopts the Magistrate Judge’s Report and Recommendation as the
Opinion of this Court.

Because this Opinion and Order resolves all pending claims in this case, a Judgment will
be entered. See FED. R. CIV. P. 58. Further, because this action was filed in forma pauperis, this
Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of the Judgment 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 (ECF No. 8) is DENIED and the Report
and Recommendation of the Magistrate Judge (ECF No. 7) is APPROVED and ADOPTED as the
Opinion of the Court.
IT IS FURTHER ORDERED that the Complaint (ECF No. 1) is DISMISSED for failure
to state a claim.
IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that an appeal of the Judgment would not be taken in good faith.

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

Dated: November 15, 2017

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