Harrison v. Hamilton County of et al

Filing 6

ORDER adopting Report and Recommendation 4 . Case is Dismissed and Terminated on the docket of this Court. Signed by Judge Herman J. Weber on 5/1/12. (Attachments: # 1 cert. recpt) (do1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION SHAWN MICHAEL LEE HARRISON, Plaintiff v. C-1-12-106 HAMILTON COUNTY, et al., Defendants ORDER This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 4) 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. The Report and Recommendation of the United States Magistrate Judge (doc. no. 4) is hereby ADOPTED AND INCORPORATED HEREIN BY 2 REFERENCE. Plaintiff’s Complaint (doc. no. 3) is DISMISSED for lack of subject matter jurisdiction. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of this Order would not be taken in good faith and therefore denies plaintiff leave to appeal in forma pauperis. Plaintiff, a non-prisoner, 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

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