Turner v. State Of Ohio et al, No. 2:2018cv01322 - Document 5 (S.D. Ohio 2019)

Court Description: OPINION and ORDER adopting 3 the Report and Recommendation; denying as moot 4 Motion for Leave to Proceed in forma pauperis. Signed by Judge Michael H. Watson on 1/3/19. (jk) (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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Turner v. State Of Ohio et al Doc. 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION John Louis Turner, Jr., Plaintiff, V. State of Ohio, et al., Defendants. Case No. 2:18-cv-1322 Judge Michaei H. Watson Magistrate Judge Vascura OPINION AND ORDER On October 29, 2018, the Magistrate Judge issued a Report and Recommendation (R&R) granting John Louis Turner Jr.'s ("PiaintifFs) motion to proceed in forma pauperis and recommending that this action be dismissed pursuant to 28 U.S.C. § 1915(e)(2). EOF No. 3. On November 2,2018, Piaintiff fiied a second motion to proceed in forma pauperis, EOF No. 4, seeking to "refiie" the motion, but he did not raise any objection to the Magistrate Judge's R&R. The R&R notified the parties of their right to fiie objections to the R&R pursuant to 28 U.S.C. § 636(b)(1). R&R 10, EOF No. 3. The R&R further advised the parties that the faiiure to object to the R&R within fourteen days would result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the decision of the District Court adopting the R&R. Id. The deadline for filing such objections has passed, and no objections were fiied. Dockets.Justia.com Having received no objections, the R&R is ADOPTED. PiaintifTs Compiaint is DISMISSED for failure to state a claim, and his state-law claims are DISMISSED WITHOUT PREJUDICE to re-filing in state court. Plaintiffs second motion to proceed in forma pauperis is DENIED AS MOOT. EOF No. 4. The Clerk is directed to issue final judgment and close this case. IT IS SO ORDERED. IICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT Case No. 2:18-cv-1322 Page 2 of 2

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