Storck v. Michigan, State of

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION DAVID STORCK,

Plaintiff,

Case No. 1:21-cv-247 v.

HONORABLE PAUL L. MALONEY

STATE OF MICHIGAN,

Defendant. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff initiated this lawsuit by filing his complaint on March 17, 2021. On March 22, 2021, the Magistrate Judge issued a Report and Recommendation, recommending that the action be dismissed upon initial screening pursuant to 28 U.S.C. § 1915(e)(2). The Report and Recommendation was duly served on the parties. No objections have been filed. See 28 U.S.C. § 636(b)(1). Therefore,

IT IS HEREBY ORDERED that the Report and Recommendation (ECF. No. 4) is APPROVED and ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Complaint is DISMISSED for the reasons stated in the Report and Recommendation.

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. 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). Should plaintiff appeal this decision, the $505.00 appellate filing fee will be assessed pursuant to § 1915(b)(1), see McGore, 114 F.3d at 610-11.

A Judgment will be entered consistent with this Order.

Dated: April 19, 2021 /s/ Paul L. Maloney

Paul L. Maloney United States District Judge