Lawrence v. Jones, No. 3:2009cv00073 - Document 4 (S.D. Ohio 2009)
Court Description: DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON MARCH 6, 2009 (Doc. 3 ); DISMISSING PLAINTIFF'S COMPLAINT; CERTIFYING THAT AN APPEAL OF THIS DECISION AND ENTRY WOULD NOT BE TAKEN IN GOOD FAITH AND, THEREFORE, DENYING LEAVE TO APPEAL IN FORMA PAUPERIS; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT. Signed by Judge Walter H Rice on 3/24/2009. (sc1, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF omo WESTERN DIVISION AT DAYTON TAMlKA R. LAWRENCE, Plaintiff, vs. Case No. 3:09cvOOO73 District Judge Walter Herbert Rice Magistrate Judge Sharon L. Ovington DOUGLAS W. JONES, JR., Defendant. DECISION AND ENTRY ADOPTING IN FULL THE REPORT AND RECOMMENDATIONS FILED ON MARCH 6, 2009 (Doc. #3); DISMISSING PLAINTIFF'S COMPLAINT; CERTIFYING THAT AN APPEAL OF THIS DECISION AND ENTRY WOULD NOT BE TAKEN IN GOOD FAITH AND, THEREFORE, DENYING LEAVE TO APPEAL IN FORMA PAUPERIS; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT The Court has conducted a ~ novo review of 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 in full said Report and Recommendations. It is therefore ORDERED that I. The Report and Recommendations filed on March 6,2009 (Doc. #3) is ADOPTED in full; 2. Plaintiffs Complaint is DISMISSED; 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 and Entry would not be taken in good faith, and consequently, leave for Plaintiff to appeal in forma pauperis is DENIED. Plaintiff- a nonprisonef 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 (6" Cif. 1999); and 4. The case is terminated on the docket of this Court. Walter Herbert'Rice United States District Judge 2
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