UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

RONALD A. POLK, 

 Plaintiff, Case No. 14-cv-13352 

v Honorable Thomas L. Ludington 

 Magistrate Judge Patricia T. Morris 

MONTCALM COUNTY 64B DISTRICT COURT, 

and ART SMITH, 

 Defendants. 

__________________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING 

PLAINTIFF’S COMPLAINT AND DIRECTING PLAINTIFF TO OBTAIN LEAVE OF 

COURT PRIOR TO FILING FURTHER LAWSUITS 

 On August 28, 2014, Plaintiff Polk filed a pro se Complaint pursuant to 42 U.S.C. § 

1983. He alleges that Defendants wrongfully withheld his Social Security Disability benefits and 

violated the Fourteenth Amendment by extending his sentence solely because he was unable to 

pay restitution. 

On September 12, 2014, Magistrate Judge Patricia T. Morris issued a report 

recommending that Plaintiff’s Complaint be dismissed sua sponte because Plaintiff was a 

“prolific litigator” who had abused the in forma pauperis statute. Rep. & Rec. 2, ECF No. 6. 

She noted that Plaintiff had previously brought four merit-less lawsuits, and that he had been 

enjoined from filing additional lawsuits without first requesting permission. Id. Plaintiff did not 

request permission to file a lawsuit here, and Judge Morris therefore recommended dismissal. 

Id. In light of Plaintiff’s history of filing merit-less lawsuits, she further recommended that “if 

Plaintiff wishes to bring a complaint to this Court in the future, he must present, in addition to 

the complaint, the following: (1) a motion for permission to file the pleading; (2) an affidavit 

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demonstrating that his allegations have merit and are not repetitious of previous complaints; and 

(3) a copy of the Court’s final order on this matter.” Id. at 3. 

Although the Magistrate Judge’s report explicitly stated that the parties to this action may 

object to and seek review of the recommendation within fourteen days of service of the report, 

neither Plaintiff nor Defendant filed any objections. The election not to file objections to the 

Magistrate Judge’s report releases the Court from its duty to independently review the record. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation 

(ECF No. 6) is ADOPTED. 

 It is further ORDERED that Plaintiff’s Complaint (ECF No. 1) is DISMISSED WITH 

PREJUDICE. 

 It is further ORDERED that before Plaintiff files a lawsuit in this Court, he must file: (1) 

a motion for permission to file the pleading; (2) an affidavit demonstrating that his allegations 

have merit and are not repetitious of previous complaints; and (3) a copy of the Court’s final 

order on this matter. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: October 2, 2014 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail and on Ronald A. Polk, 5740 W. Curtis, Coleman, MI 

48618 by first class U.S. mail on October 2, 2014. 

 s/Tracy A. Jacobs 

 TRACY A. JACOBS 

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