Opinion
Case No. 1:14cv209
04-04-2014
Andre Smiley, Plaintiff, v. Actor Holly Berry, Defendant.
Judge Michael R. Barrett
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on March 13, 2014 (Doc. 4).
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 (Doc. 4) in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation (Doc. 4) have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 4) of the Magistrate Judge is hereby ADOPTED. The Plaintiff's Complaint (Doc. 3) is DISMISSED with prejudice.
The Court certifies pursuant to 28 U.S.C. § 1915(a) that an appeal of any Order adopting this Report and Recommendation (Doc. 4) would not be taken in "good faith," and therefore DENIES petitioner leave to appeal in forma pauperis. Plaintiff is 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 Serv., 105 F.3d 274, 277 (6 Cir. 1997).
IT IS SO ORDERED.
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Michael R. Barrett
United States District Judge