ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FOR SUA SPONTE DISMISSAL AND ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH
JAMES D. TODD, District Judge.
On October 30, 2013, Magistrate Judge Charmiane G. Claxton issued a report and recommendation that the pro se complaint that was filed in this matter be dismissed for failure to state a claim upon which relief can be granted [DE# 12]. No objection has been filed. Consequently, the report and recommendation for sua sponte dismissal of this matter is ADOPTED, and the case is hereby DISMISSED.
The court must also consider whether Plaintiff should be allowed to appeal this decision in forma pauperis. Pursuant to the Federal Rules of Appellate Procedure, a non-prisoner desiring to proceed on appeal in forma pauperis must obtain pauper status under Fed. R. App. P. 24(a).
The good faith standard is an objective one.
It is CERTIFIED, pursuant to Fed. R. App. P. 24(a), that any appeal in this matter by Plaintiff is not taken in good faith. Leave to proceed on appeal in forma pauperis is, therefore, DENIED. Accordingly, if Plaintiff files a notice of appeal, he must also pay the full $455 appellate filing fee or file a motion to proceed in forma pauperis and supporting affidavit in the Sixth Circuit Court of Appeals within thirty (30) days.
The clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.
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