Cunningham v. Pierce et al, No. 3:2013cv00213 - Document 9 (S.D. Ohio 2013)
Court Description: DECISION AND ORDER re: The REPORT AND RECOMMENDATIONS 8 is ADOPTED in full, Plaintiff Laron N. Cunningham's Complaint is DISMISSED WITH PREJUDICE, the Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of this Orderadopting the Report and Recommendations would not be taken in good faith, andconsequently, leave for Plaintiff to appeal in forma pauperis is denied; and,the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose (de)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON LARON N. CUNNINGHAM, : Plaintiff, : : v. B. D. PIERCE, et al., Case No. 3:13cv00213 District Judge Thomas M. Rose Chief Magistrate Judge Sharon L. Ovington : Defendants. : DECISION AND ENTRY The Court has reviewed the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #8), to whom this case was originally 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) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that: 1. The Report and Recommendations filed on September 10, 2013 (Doc. #8) is ADOPTED in full; 2. Plaintiff Laron N. Cunningham s Complaint is DISMISSED WITH PREJUDICE; 3. The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of this Order adopting the Report and Recommendations would not be taken in good faith, and consequently, leave for Plaintiff to appeal in forma pauperis is denied; and, 4. The case is terminated on the docket of this Court. October 4, 2013 *s/THOMAS M. ROSE _______________________ Thomas M. Rose United States District Judge
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