Quigley v. Abel et al, No. 2:2020cv05146 - Document 6 (S.D. Ohio 2020)

Court Description: OPINION AND ORDER- ADOPTING ECF No. 5 The Chief Magistrate Judge's Report and Recommendation. The Court DISMISSES this action under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted. Also for the rea sons set forth in the Report and Recommendation, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith and, therefore, if Plaintiff moves for leave to appeal in forma pauperis, such request should be denied. Signed by Judge Edmund A. Sargus on 12/8/2020. (cmw)(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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Quigley v. Abel et al Doc. 6 Case: 2:20-cv-05146-EAS-EPD Doc #: 6 Filed: 12/08/20 Page: 1 of 1 PAGEID #: 47 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION HARRY LAWRENCE QUIGLEY, Plaintiff, Case No. 2:20-cv-5146 JUDGE EDMUND A. SARGUS, JR. Chief Magistrate Judge Elizabeth P. Deavers v. SETH ABEL, et al, Defendants. OPINION AND ORDER This matter is before the Court for consideration of a Report and Recommendation issued by the Chief Magistrate Judge on November 2, 2020. (ECF No. 5). The time for filing objections has passed, and no objections have been filed to the Report and Recommendation. Therefore, the Court ADOPTS the Report and Recommendation. For the reasons set forth in the Report and Recommendation, the Court DISMISSES this action under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted. Also for the reasons set forth in the Report and Recommendation, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith and, therefore, if Plaintiff moves for leave to appeal in forma pauperis, such request should be denied. IT IS SO ORDERED. 12/8/2020 DATE s/Edmund A. Sargus, Jr. EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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