Opinion
Case No. 14-CV-12337
07-24-2014
ROGER KELLY, Plaintiff, v. NATIONAL CITY BANK, et al., Defendants.
HON. GEORGE CARAM STEEH
ORDER ACCEPTING REPORT AND
RECOMMENDATION AND DISMISSING CASE
On July 1, 2014, Magistrate Judge Charles E. Binder issued a report and recommendation that the court sua sponte dismiss this pro se prisoner civil rights complaint, brought in forma pauperis, for lack of subject matter jurisdiction. The magistrate judge specifically stated that any objections to his report must be filed within 14 days of service, and that failure to file such objections constituted a waiver of any further right of appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed.
The court has reviewed, and ACCEPTS and ADOPTS the magistrate judge's report and recommendation. IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE. Based on the preceding order, this court certifies that any appeal from this decision would be frivolous, not in good faith, and therefore, pursuant to 28 U.S.C. § 1915(a)(3), may not be taken in forma pauperis.
IT IS SO ORDERED.
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HON. GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record and Roger Kelly #748808, Saginaw Correctional Facility, 9625 Pierce Road, Freeland, MI 48623 on July 24, 2014, by electronic and/or ordinary mail.
Barbara Radke
Deputy Clerk