Ealy v. O'McCollum et al, No. 3:2009cv00056 - Document 3 (S.D. Ohio 2009)
Court Description: DECISION AND ORDER - 1. The Report and Recommendations filed on February 23, 2009 (Doc. #2) is ADOPTED in full; 2. Plaintiffs Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B); 3. The Court certifies pursuant to 28 U.S.C. §1915(a) that, for the reasons set forth in the Report and Recommendations, an appeal of this Decision would not be taken in good faith, and consequently, leave for Plaintiff to appeal in forma pauperis is DENIED. Plaintiff a non-prisoner remains free to apply to proceed in forma pauperis in the United States Court of Appeals. See Callihan v. Schneider, 178 F. 3d 800, 803 (6th Cir. 1999); and 4. The case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 03/16/09. (phil1, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON LARRY E. EALY, Plaintiff, : Case No. 3:09cv00056 : vs. : District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington JUDGE ALICE O McCOLLUM, et al., : Defendants. : DECISION AND ENTRY The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #3), 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 February 23, 2009 (Doc. #2) is ADOPTED in full; 2. Plaintiff s Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B); 3. The Court certifies pursuant to 28 U.S.C. §1915(a) that, for the reasons set forth in the Report and Recommendations, an appeal of this Decision would not be taken in good faith, and consequently, leave for Plaintiff to appeal in forma pauperis is DENIED. Plaintiff a non-prisoner remains free to apply to proceed in forma pauperis in the United States Court of Appeals. See Callihan v. Schneider, 178 F. 3d 800, 803 (6th Cir. 1999); and 4. The case is terminated on the docket of this Court. March 16, 2009 *S/THOMAS M. ROSE Thomas M. Rose United States District Judge 2
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