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07-2676 - Smith v. Athens&Shelby Liquor Distributor et al


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07-2676 - Smith v. Athens&Shelby Liquor Distributor et al
August 25, 2008
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REPORT AND RECOMMENDATIONS re 17 MOTION for Sanctions or, Alternatively, to Compel: It is recommended that Athens' motion for sanctions be granted and that Smith's complaint be dismissed with prejudice. Objections to R&R due by 9/9/2008. Signed by Magistrate Judge Diane K. Vescovo on 8/25/2008. (Vescovo, Diane)
October 6, 2008
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Jr on 10/6/2008. (Mays, Samuel)ORDER ADOPTING REPORT AND RECOMMENDATIONS, ORDER GRANTING DEFENDANT ATHENS' MOTION FOR SANCTIONS, ORDER OF DISMISSAL WITH PREJUDICE, ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL, ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH AND NOTICE OF APPELLATE FILING FEE. The Court has reviewed the Report and Recommendaton filed by the Magistrate Judge in this action. Plaintiff has not filed objections to the Report and Recommendation. Therefore, the Report and Recommendation is hereby ADOPTED as the opinion of the Court. Defendants' motion for sanctions is GRANTED. The complaint against Athens and Zenith is DISMISSED WITH PREJUDICE. The Clerk is directed to enter judgment for Defendants. The motion for appointment of counsel is DENIED. It is CERTIFIED that any appeal in this matter by Plaintiff would not be taken in good faith, and Plaintiff may not proceed on appeal in forma pauperis. Leave to proceed on appeal in forma pauperis is, therefore, DENIED. If Plaintiff files a notice of appeal, he must pay the full $455 appellate filing fee or file a motion to proceed in forma pauperis and supporting affidavit in the United States Court of Appeals for the Sixth Circuit within thirty (30) days. Signed by Judge Samuel H. Mays,