Opinion
Case No. 1:17-cv-866
11-21-2018
ANTUAN BURESS-EL, R, Plaintiff, v. AYESHA SHABAZZ, et al., Defendants.
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4) AND TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and submitted a Report and Recommendation recommending that the Complaint be dismissed with prejudice. (Doc. 4). Plaintiff timely filed an objection ("Objection"). (Doc. 5).
Plaintiff's Objection does not set forth any argument or authority to rebut the Magistrate Judge's correct conclusion that the Complaint's allegations are insufficient to state a claim with an arguable basis in law over which this Court has subject matter jurisdiction. The Objection (Doc. 5) is accordingly OVERRULED. --------
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendation should be and is hereby adopted in its entirety.
Accordingly:
1. The Report and Recommendation (Doc. 4) is ADOPTED;
2. Plaintiff's Objection (Doc. 5) is OVERRULED;
3. Plaintiff's Complaint is DISMISSED with prejudice;
4. Pursuant to 28 U.S.C. § 1915(a), any appeal of this Order would not be taken in good faith and Plaintiff is accordingly denied leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals; and
5. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED. Date: 11/21/18
s/ Timothy S . Black
Timothy S. Black
United States District Judge