Mimms v. Ware et al, No. 1:2018cv00185 - Document 6 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4 ) AND TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 5/21/18. (jlm)(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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Mimms v. Ware et al Doc. 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION JAMES DONALD MIMMS, Plaintiff, vs. LINCOLN WARE, et al., Defendants. : : : : : : : Case No. 1:18-cv-185 Judge Timothy S. Black Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4) AND TERMINATING THIS CASE IN THIS COURT This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and, on March 19, 2018, submitted a Report and Recommendation. (Doc. 4). Plaintiff filed timely objections (“Objections”). (Doc. 5). 1 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 Recommendation should be and is hereby ADOPTED 1 The Objections repeat Plaintiff’s argument that he was disrespected on Defendants’ radio show, but does not address the Magistrate Judge’s (correct) conclusion that this action should be dismissed due to lack of diversity jurisdiction, lack of federal question jurisdiction, and because the Complaint fails to state a claim upon which relief may be granted. Dockets.Justia.com in its entirety. Accordingly: 1. The Report and Recommendation (Doc. 4) is ADOPTED; 2. Plaintiff’s Complaint is DISMISSED with prejudice; 3. Pursuant to 28 U.S.C. § 1915(a), an appeal of this Order would not be taken in good faith. Accordingly, Plaintiff is denied leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals; and 4. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court. IT IS SO ORDERED. Date: 5/21/18 Timothy S. Black United States District Judge 2

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