Malone v. Erdos et al, No. 1:2017cv00050 - Document 9 (S.D. Ohio 2017)

Court Description: DECISION AND ENTRY ADOPTING 8 REPORT AND RECOMMENDATIONS. Accordingly, Plaintiff's complaint (Doc. 1) is DISMISSED with PREJUDICE. The Court certified that an appeal of this Order would not be taken in good faith and therefore Plaintiff is denied leave to appeal in forma pauperis. Signed by Judge Timothy S. Black on 5/3/17. (gs)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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Malone v. Erdos et al Doc. 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION DONALD K. MALONE, III, Plaintiff, vs. : : : : : : RONALD ERDOS, et al., Defendants. Case No. 1:17-cv-50 Judge Timothy S. Black Magistrate Judge Stephanie K. Bowman : : : DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 8) This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on February 28, 2017, submitted a Report and Recommendation. (Doc. 8). No objections were filed. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendations should be and is hereby adopted in their entirety. Accordingly, 1. The Plaintiff’s complaint (Doc. 1) is DISMISSED with PREJUDICE pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1); and Dockets.Justia.com 2. The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Order would not be taken in good faith and therefore Plaintiff is denied leave to appeal in forma pauperis. 3. The Clerk shall enter judgment accordingly and this case is TERMINATED in this Court. IT IS SO ORDERED. Date: 5/3/17 Timothy S. Black United States District Judge 2

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