Robb v. Roberts et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 and dismissing complaint by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Michael Stephen Robb,
Plaintiff,
-vsRobert Roberts and Vicki Roberts, doing
business as Breadsmith of Fargo,
Defendants.

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Case No. 3:12-cv-96
ORDER ADOPTING REPORT AND
RECOMMENDATION

The Court has received a Report and Recommendation from the Honorable Karen K. Klein,
United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending that the complaint be
dismissed with prejudice and that no certificate of appealability be issued (Doc. # 12). Neither party
filed an objection to the Report and Recommendation within the requisite time period.
The Court has reviewed the Report and Recommendation, along with the entire file, and
finds the Magistrate Judge’s analysis is correct. Accordingly, the Court hereby adopts the Report
and Recommendation in its entirety. For the reasons set forth therein, Plaintiff’s complaint is
HEREBY DISMISSED with prejudice.
Additionally, based upon the entire record before the Court, dismissal of the complaint is not
debatable, reasonably subject to a different outcome on appeal, or otherwise deserving of further
proceedings. Accordingly, the Court hereby certifies that an appeal from the dismissal of this action
would be frivolous and cannot be taken in good faith. See Coppedge v. United States, 369 U.S. 438,
444-45 (1962). The Court further finds that the plaintiff has failed to make a substantial showing
of the denial of a constitutional right, and the issues presented in this case are inadequate to deserve
further consideration. See Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). Therefore, this Court will
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not issue a certificate of appealability. If the plaintiff desires further review of his complaint, he may
request the issuance of a certificate of appealability from a circuit judge of the Eighth Circuit Court
of Appeals in accordance with Tiedeman v. Benson, 122 F.3d 518, 520-22 (8th Cir. 1997).
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 26th day of June, 2013.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

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