Opinion
Case No. 1:13-cv-868
02-11-2014
LEMARR JENNINGS, et al., Plaintiffs, v. DOUGLAS M. RASTAHER, et al., Defendants.
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND
RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. 4); (2) DENYING
PLAINTIFF SHEPHARD'S MOTION TO PROCEED IN FORMA PAUPERIS (Doc.
1); (3) DISMISSING PLAINTIFF SHEPHARD'S COMPLAINT (Doc. 3); AND (4)
CERTIFYING THAT AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH
This case is before the Court on the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz. (Doc. 4). The Magistrate Judge recommends that: (1) Plaintiff Alonzo Dean Shephard's ("Shephard") Motion to Proceed In Forma Pauperis be denied; (2) Shephard be assessed the full filing fee of $350; (3) Shephard's Complaint be dismissed as malicious; and (4) the Court certify that any appeal would not be taken in good faith. (Doc. 4). Plaintiffs filed Objections to the Report and Recommendation of the Magistrate Judge. (Doc. 7). The matter is now ripe for decision.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), upon reviewing Plaintiffs' filings and the comprehensive findings of the Magistrate Judge de novo, the Court: (1) ADOPTS the Report and Recommendation of the Magistrate Judge in its entirety (Doc. 4); (2) DENIES Shephard's Motion for Leave to Proceed In Forma Pauperis (Doc. 1); (3) DISMISSES Shephard's Complaint sua sponte as malicious; and (4) CERTIFIES that an appeal of this Decision would not be taken in good faith.
IT IS SO ORDERED.
__________
Timothy S. Black
United States District Judge