Brown v. Voorhies et al

Filing 111

CLERK'S JUDGMENT affirming Order 110 . Signed by Judge Michael R. Barrett on 3/10/09. (mr1, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT CINCINNATI
Yusuf Brown, Plaintiff(s), -vsCASE NO. 1:07-cv-101 Judge Michael R. Barrett

Edward Voorhies, et al., Defendant(s). _______________________________________________

JUDGMENT IN A CIVIL CASE
_______________________________________________ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

X

Decision by Court.

IT IS ORDERED AND ADJUDGED THAT:
1. The Magistrate Judge's R&R dated September 30, 2008 (Doc. 96) is hereby ADOPTED; a. Plaintiff's Application for Default Judgment (Doc. 82) is DENIED; b. Plaintiff's Motion for Default Judgment (Doc. 77) is DENIED; c. Plaintiff's Motion for Declaratory Judgment (Doc. 83) is D E N I E D; 2. The Magistrate Judge's R&R dated September 30, 2008 (Doc. 103) is hereby ADOPTED; a. Plaintiff's Motion for Temporary Restraining Order (Doc. 93) is DENIED; 3. The Magistrate Judge's R&R dated September 30, 2008 (Doc. 104) is ADOPTED; a. The Motion for Summary Judgment filed by M. Sevrey, Dr., Vonda Adkins, Aryayra Treadway, Edward Voorhies, J Diane Sand (Doc. 49) is GRANTED; b. Plaintiff's Motion for Summary Judgment (Doc. 55) is DENIED; 4. With respect to any application by petitioner to proceed on appeal in forma pauperis, 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 the Court DENIES any application by petitioner to proceed on appeal in forma pauperis. See Fed. R. App. P. 24(a); Kincade v. Sparkman, 117 F.3d 949, 952 (6th Cir. 1997). Petitioner remains free to apply to proceed in forma pauperis in the Court of Appeals; and 5. This matter shall be CLOSED and TERMINATED from the docket of this Court.

Date: March 10, 2009

JAMES BONINI, CLERK By: /s/ M. Rogers Deputy Clerk