Steele v. Kentucky Commonwealth of et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 5 Report and Recommendation. The Court DISMISSES Plaintiff's Complaint 1 with prejudice pursuant to28 U.S.C. § 1915(e)(2)(B). The Court further CERTIFIES pursuant to28 U.S.C. § 1915(a) that for the reasons indicated in the Magistrate Judge's Report and Recommendation, any appeal of this Order would not be taken in good faith and the Court therefore DENIES Plaintiff leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 7/26/2012. (km1) (Additional attachment(s) added on 7/26/2012: # 1 Certified Mail Receipt) (km1).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JOHN KEVIN STEELE,
Plaintiff,
vs.
KIMBERLY ANN STEELE, et al.,
Defendants.

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NO. 1:12-CV-00439

ORDER

This matter is before the Court on the Magistrate Judge’s
Report

and

objections.

Recommendation

(doc.

5),

to

which

there

were

no

The Magistrate Judge recommended sua sponte that

Plaintiff’s Complaint be dismissed for lack of subject matter
jurisdiction, due to collateral estoppel, due to the “domestic
relations

exception”

to

federal

jurisdiction,

due

to

the

application of the Rooker-Feldman doctrine, and due to Plaintiff’s
failure to state a viable claim for relief under 42 U.S.C. § 1983
(Id.).
Proper Notice has been given to the parties under 28
U.S.C. § 636(b)(1)(C), including notice that the parties would
waive further appeal if they failed to file objections to the
Report and Recommendation in a timely manner.
Walters, 638 F.2d 947 (6th Cir. 1981).

United States v.

As of the date of this

Order, no objections have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C.

§

636,

the

Court

finds

the

Magistrate

Judge’s

Report

and

Recommendation thorough, well-reasoned, and correct.
Accordingly, the Court hereby ADOPTS and AFFIRMS the
Magistrate

Judge’s

Report

and

Recommendation

(doc.

5),

and

DISMISSES Plaintiff’s Complaint (doc. 1) with prejudice pursuant to
28 U.S.C. § 1915(e)(2)(B). The Court further CERTIFIES pursuant to
28

U.S.C.

§

1915(a)

that

for

the

reasons

indicated

in

the

Magistrate Judge’s Report and Recommendation, any appeal of this
Order would not be taken in good faith and the Court therefore
DENIES Plaintiff leave to appeal in forma pauperis.

McGore v.

Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).

SO ORDERED.

DATED: July 26, 2012

/s/ S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge

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