Thomas v. United States of America

District Court, W.D. Michigan

Thomas v. United States of America

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

COURTNEY THOMAS,

Plaintiff, Case No. 1:23-cv-1309 v. HONORABLE PAUL L. MALONEY UNITED STATES OF AMERICA, et al.,

Defendants. ____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff initiated this lawsuit by filing a complaint on December 15, 2023. On January 2, 2024, 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. 6) 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 for the same reasons the Court concludes that Plaintiff’s claims are properly dismissed, the Court also concludes that any issue Plaintiff might raise on appeal would be frivolous. Coppedge v. United States,

369 U.S. 438, 445

(1962). Accordingly, the Court certifies that an appeal would not be taken in good faith. Should Plaintiff appeal this decision, the Court will assess the $505.00 appellate filing fee pursuant to Section 1915(b)(1), see McGore v. Wrigglesworth,

114 F.3d 601, 611

(6th Cir. 1997). A Judgment will be entered consistent with this Order.

Dated: January 24, 2024 /s/ Paul L. Maloney Paul L. Maloney United States District Judge

Reference

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