Bush v. United States of America et al
Filing
8
ORDER adopting Report and Recommendation re 5 ; overruling the objections; denying plaintiff leave to appeal IFP; dismissing with prejudice plaintiff's complaint. Signed by Judge Sandra S Beckwith on 10/21/13. (mb)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Willie James Bush, Jr.,
Plaintiff,
vs.
United States of America, et al.,
Defendants.
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) Case No. 1:13-CV-587
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)
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)
ORDER
Plaintiff Willie James Bush, Jr., proceeding pro se and in forma pauperis, filed a
complaint (Doc. No. 1) which, liberally construed, challenges a number of rulings by the
Veterans Administration concerning his claims for service-related disability benefits.
Magistrate Judge Bowman issued a Report and Recommendation dated September 17,
2013 (Doc. No. 5) which concluded that Plaintiff’s complaint is frivolous and, in any
event, that the Court lacks subject matter jurisdiction over the complaint pursuant to
Veterans’ Judicial Review Act. Magistrate Judge Bowman also noted that Plaintiff has
recently filed other frivolous lawsuits and cautioned him that he may be subject to
sanctions under Rule 11 of the Federal Rules of Civil Procedure as a vexatious litigator.
Judge Bowman recommended that the complaint be dismissed with prejudice pursuant
to 28 U.S.C. § 1915(e)(2)(B). Plaintiff’s objections to the Report and Recommendation
(Doc. No. 7) are nothing more than a screed against the judiciary.
Having reviewed the Report and Recommendation de novo pursuant to Rule
72(b) of the Federal Rules of Procedure, the Court concludes that it is obviously correct.
It would be a waste of time and effort of further elaborate on Judge Bowman’s analysis
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of the complaint.
Plaintiff’s objections to the Report and Recommendation are not well-taken and
are OVERRULED. The Court ADOPTS the Report and Recommendation. The
complaint is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §1915(e)(2)(B). The
Court certifies pursuant to 28 U.S.C.A. § 1915(a)(3) that an appeal of this order would
not be taken in good faith, and therefore DENIES Plaintiff leave to appeal in forma
pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir.
1997).
IT IS SO ORDERED
Date October 21, 2013
s/Sandra S. Beckwith
Sandra S. Beckwith
Senior United States District Judge
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