Dehuelves v. Capital Commons Senior ( 2019 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IRMA I. DEHUELVES and MOISES M. MOREJON, Plaintiffs, Case No. 1:19-cv-688 v. HONORABLE PAUL L. MALONEY CAPITAL COMMONS SENIOR, Defendant. eee ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiffs filed this lawsuit on August 26, 2019. The Magistrate Judge conducted an initial review pursuant to 28 U.S.C. § 1915(e)(2), and issued a Report and Recommendation on September 6, 2019, recommending that this Court dismiss the case. 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. 7) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Plaintiffs’ complaint is DISMISSED. IT IS FURTHER ORDERED that this Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this decision would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199, 206, 211-12 (2007). Should Plaintiffs appeal this decision, the Court will assess the $505.00 appellate filing fee pursuant to § 1915(b)(1), see McGore, 144 F.3d at 610-11. A Judgment will be entered consistent with this Order. Dated: September 27, 2019 /s/_ Paul L. Maloney Paul L. Maloney United States District Judge