Freeman v. Robbins et al

Filing 28

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 26 ; granting motion to dismiss 25 ; certifying that an appeal of this 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 DE CARLOS FREEMAN, Plaintiff, Case No. 1:17-cv-694 v. HON. JANET T. NEFF UNKNOWN ROBBINS, et al., Defendants. ____________________________/ ORDER This is a civil action filed by a pro se litigant. Defendant Robbins filed a motion to dismiss. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on February 6, 2018, recommending that this Court grant the motion and that this action be terminated. The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). For the reasons set forth in the Report and Recommendation and 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, 610-11 (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 Report and Recommendation (ECF No. 26) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 25) is GRANTED. IT IS FURTHER ORDERED that 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. A Judgment will be entered consistent with this Order. Dated: February 28, 2018 /s/ Janet T. Neff JANET T. NEFF United States District Judge 2

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