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Fox v. Smith

United States District Court, W.D. Michigan, Southern Division
Nov 28, 2006
Case No. 1:06cv637 (W.D. Mich. Nov. 28, 2006)

Opinion

Case No. 1:06cv637.

November 28, 2006


ORDER AND JUDGMENT APPROVING REPORT AND RECOMMENDATION


The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on November 17, 2006. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).

THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed November 17, 2006, is approved and adopted as the opinion of the court.

IT IS ORDERED that Plaintiff's complaint is dismissed for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(b), and 42 U.S.C. § 1997e(c). This dismissal counts as a strike for purposes of 28 U.S.C. § 1915(g).

IT IS FURTHER ORDERED that the Court finds no good-faith basis for appeal within the meaning of 28 U.S.C. § 1915(a)(3). See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997).


Summaries of

Fox v. Smith

United States District Court, W.D. Michigan, Southern Division
Nov 28, 2006
Case No. 1:06cv637 (W.D. Mich. Nov. 28, 2006)
Case details for

Fox v. Smith

Case Details

Full title:ROBERT ALLEN FOX, JR., Plaintiff, v. MICHAEL R. SMITH, et al., Defendants

Court:United States District Court, W.D. Michigan, Southern Division

Date published: Nov 28, 2006

Citations

Case No. 1:06cv637 (W.D. Mich. Nov. 28, 2006)

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Dickey v. Rapier

Plaintiff, therefore, fails to state a claim under the Fifth Amendment. See Fox v. Smith, No. 1:06CV637, 2006…