Opinion
Case Number: 1:17cv767
01-09-2018
Gerald Burton, Plaintiff(s), v. Joseph W. Kirby, et al., Defendant(s).
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen E. Litkovitz filed on November 11, 2017(Doc. 2), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired November 29, 2017, hereby ADOPTS said Report and Recommendation.
Accordingly, plaintiff's complaint is DISMISSED with prejudice.
The Court certifies pursuant to 28 U.S.C. §1915(a) that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith, therefore, denying plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6 Cir. 1999), overruling in part Floyd v. United States Postal Service., 105 F.3d 274, 277 (6 Cir.).
IT IS SO ORDERED.
/s/_________
Judge Susan J. Dlott
United States District Court