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Atakpu v. Warden

July 19, 2006

PETER J. ATAKPU, PETITIONER,
v.
WARDEN, LEBANON CORRECTIONAL INSTITUTION, RESPONDENT.



The opinion of the court was delivered by: District Judge Thoms M. Rose

Chief Magistrate Judge Michael R. Merz

ORDER ADOPTING REPORT AND RECOMMENDATIONS ON APPEAL IN FORMA PAUPERIS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz, to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired on July 7, 2006, hereby ADOPTS said Report and Recommendations.

It is therefore ORDERED that this Court certify to the Sixth Circuit that the appeal herein is frivolous. The appellate filing fee of $455 is hereby assessed against the Petitioner who shall pay the same not later than August 17, 2006. Failure to pay will be reported to the Court of Appeals which may dismiss the case as a result.

THOMAS M. ROSE, JUDGE UNITED STATES DISTRICT COURT

20060719

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