Opinion
Case Number: 1:15cv692
12-28-2015
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on October 29, 2015 (Doc. 4), 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 16, 2015, hereby ADOPTS said Report and Recommendation.
Accordingly, plaintiff's complaint is DISMISSED on the ground that the complaint fails to state a claim upon which relief may be granted under 42 U.S.C. §1983. See 28 U.S.C. § 1915(e)(2)(B).
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 party Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6 Cir. 1997).
IT IS SO ORDERED.
s/Susan J. Dlott
Judge Susan J. Dlott
United States District Court