Derrick Lee Smith v. People of the State of Michigan, et al.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION DERRICK LEE SMITH, Plaintiff, Case No. 2:25-cv-310 v. HON. JANE M. BECKERING PEOPLE OF THE STATE OF MICHIGAN, et al., Defendants. __________________________/ ORDER This is a civil action filed by a pro se litigant under 42 U.S.C. § 1983. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (ECF No. 5) on January 13, 2026, recommending that the Court conclude that Plaintiff is barred from proceeding in forma pauperis under § 1915(g), and that the Court dismiss this action without prejudice. 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. 5) is APPROVED and ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that Plaintiff is DENIED leave to proceed in forma pauperis because he has “three strikes” pursuant to 28 U.S.C. § 1915(g).

IT IS FURTHER ORDERED that Plaintiff’s action is DISMISSED WITHOUT PREJUDICE. Plaintiff is free to refile his complaint as a new action in this Court if he submits the filing fees at the time that he initiates the new action.

IT IS FURTHER ORDERED that this Court discerns no good-faith basis for an appeal.

See 28 U.S.C. § 1915(a)(3); McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997). Further, should Plaintiff appeal this decision, he must pay the full appellate filing fee in a lump sum, because he is prohibited from proceeding in forma pauperis on appeal by 28 U.S.C. § 1915(g).

A Judgment will be entered consistent with this Order.

Dated: February 17, 2026 /s/ Jane M. Beckering JANE M. BECKERING United States District Judge