Opinion
Case No. 1:13-cv-579
11-04-2013
Carolyn Byrd, Plaintiff v. Arica L. Underwood, Defendant
ORDER
This matter is before the Court on the Magistrate Judge's Report and Recommendation filed September 6, 2013 (Doc. 5).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. Plaintiff's complaint is dismissed with prejudice.
This Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) an appeal of this Order would not be taken in good faith, and therefore DENIES plaintiff leave to appeal in forma pauperis. See Callihan v. Schneider, 178 F.3d 800, 803 (6 Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6 Cir. 1997).
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Sandra S. Beckwith, Senior Judge
United States District Court