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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?