Bey v. UN60/147

Filing 7

ORDER adopting Report and Recommendation 5 . Case is Dismissed with Prejudice and Terminated on the docket of this Court. Signed by Judge Herman J. Weber on 6/21/11. (Attachments: # 1 cert.recpt) (do1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

WILLIAM TYRONE ROSS BEY,
Plaintiff
v.

C-1-11-282

UN60/147,
Defendant

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 5) to
which neither party has objected.
Upon a de novo review of the record, the Court finds that the Judge
has accurately set forth the applicable law and has properly applied it to
the particular facts of this case. Accordingly, in the absence of any
objection by plaintiff, this Court accepts the Report as uncontroverted.

-2The Report and Recommendation of the United States Magistrate
Judge (doc. no. 5) is hereby ADOPTED AND INCORPORATED HEREIN BY
REFERENCE.

Plaintiff’s Complaint (doc. no. 4)is DISMISSED WITH

PREJUDICE.
The Court certifies pursuant to 28 U.S.C. § 1915(a) that for the
foregoing reasons an appeal of any Order adopting this Report and
Recommendation would not be taken in good faith and therefore DENIES
plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply
to proceed in forma pauperis in the Court of Appeals. See Callihan v.

Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v.
United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997).
This case is DISMISSED AND TERMINATED on the docket of this
Court.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court