Fredrick Ledell Buford v. Jeffrey S. Getting, et al.

Summary

The United States District Court for the Western District of Michigan approved and adopted a magistrate judge’s Report and Recommendation recommending dismissal of Plaintiff Fredrick Ledell Buford’s complaint. The court dismissed the complaint for failure to state a claim under 28 U.S.C. § 1915(e)(2), found no good-faith basis for appeal, and closed the case.

Holdings

1. When a party properly objects to portions of a magistrate judge's report and recommendation, the district court must determine de novo the objected-to portions and may accept, reject, or modify the recommended disposition.
2. The complaint failed to state a claim on which relief may be granted and was properly dismissed under 28 U.S.C. § 1915(e)(2).
3. The court found no good-faith basis for an appeal.

Questions Presented

1. Whether the district court should accept, reject, or modify the magistrate judge's report and recommendation after de novo review of Plaintiff's objections.
2. Whether the complaint should be dismissed for failure to state a claim under 28 U.S.C. § 1915(e)(2).
3. Whether the plaintiff had a good-faith basis for appeal under 28 U.S.C. § 1915(a)(3).

Disposition

dismissed