Gates 462283 v. Becker

District Court, W.D. Michigan·Decided September 16, 2024·No. 2:24-cv-00131·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

JOSHUA EDWIN GATES,

Plaintiff, Case No. 2:24-cv-131 v. HON. JANE M. BECKERING CHRIS R. BECKER,

Defendant. ______________________/

ORDER

This is a civil action filed by a pro se state prisoner. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 8) on August 15, 2024, recommending that the complaint be dismissed as frivolous. The Report and Recommendation was duly served on Plaintiff.1 No objections have been filed. See 28 U.S.C. § 636(b)(1). Accordingly: IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 8) is APPROVED and ADOPTED as the Opinion of the Court. The Complaint is DISMISSED as frivolous. IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith because Plaintiff failed to file any objections to the Report and Recommendation. See McGore v. Wrigglesworth, 114 F.3d 601, 610- 11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007).

1 Plaintiff is the only party that has appeared in the case at this time. A Judgment will be entered consistent with this Order.

Dated: September 16, 2024 /s/ Jane M. Beckering JANE M. BECKERING United States District Judge

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