Opinion
Case No. 1:13-CV-587
2013-10-21
Willie James Bush, Jr., Plaintiff, v. United States of America, et al., Defendants.
ORDER
Plaintiff Willie James Bush, Jr., proceeding pro se and in forma pauperis, filed a complaint (Doc. No. 1) which, liberally construed, challenges a number of rulings by the Veterans Administration concerning his claims for service-related disability benefits. Magistrate Judge Bowman issued a Report and Recommendation dated September 17, 2013 (Doc. No. 5) which concluded that Plaintiff's complaint is frivolous and, in any event, that the Court lacks subject matter jurisdiction over the complaint pursuant to Veterans' Judicial Review Act. Magistrate Judge Bowman also noted that Plaintiff has recently filed other frivolous lawsuits and cautioned him that he may be subject to sanctions under Rule 11 of the Federal Rules of Civil Procedure as a vexatious litigator. Judge Bowman recommended that the complaint be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). Plaintiff's objections to the Report and Recommendation (Doc. No. 7) are nothing more than a screed against the judiciary.
Having reviewed the Report and Recommendation de novo pursuant to Rule 72(b) of the Federal Rules of Procedure, the Court concludes that it is obviously correct. It would be a waste of time and effort of further elaborate on Judge Bowman's analysis of the complaint.
Plaintiff's objections to the Report and Recommendation are not well-taken and are OVERRULED. The Court ADOPTS the Report and Recommendation. The complaint is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §1915(e)(2)(B). The Court certifies pursuant to 28 U.S.C.A. § 1915(a)(3) that an appeal of this order would not be taken in good faith, and therefore DENIES Plaintiff leave to appeal in forma pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997).
IT IS SO ORDERED
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Sandra S. Beckwith
Senior United States District Judge