Percival #220239 v. Stuhler et al

Filing 21

MEMORANDUM OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 19 ; granting Defendants' motion to revoke plaintiff's in forma pauperis status and defendants' motion to dismiss ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION LEON PERCIVAL, Plaintiff, v. Case No. 2:16-cv-83 HON. ROBERT HOLMES BELL UNKNOWN STUHLER, et al., Defendants. ____________________________________/ MEMORANDUM OPINION AND ORDER This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. Defendants filed a motion to revoke Plaintiff’s in forma pauperis status and a motion to dismiss. (ECF No. 15.) On December 21, 2016, Magistrate Judge Timothy Greeley issued a Report and Recommendation (“R&R”) recommending that the Court grant Defendants’ motion to revoke Plaintiff’s in forma paueris status and motion to dismiss. (ECF No. 19.) Plaintiff did not file any objections to the R&R. Plaintiff’s failure to file timely objections constitutes a waiver of any further right to an appeal. United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981). Moreover, for the reasons stated in the R&R, the Court finds that there is no good-faith basis for an appeal under 28 U.S.C. § 1915(a)(3). Accordingly, IT IS HEREBY ORDERED that the R&R (ECF No. 19) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Defendants’ motion to revoke Plaintiff’s in forma paueris status and Defendants’ motion to dismiss (ECF No. 15) are GRANTED. Dated: January 19, 2017 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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