Rachel v. Silverton Police Department

Filing 11

ORDER ADOPTING 6 REPORT AND RECOMMENDATIONS: Plaintiffs complaint 1 is DISMISSED with prejudice for failure tostate a claim upon which relief may be granted. 9 Motion for Settlement filed by Darrian Rachel is DENIEDAS MOOT.. Signed by Chief Judge Susan J. Dlott on 1/18/2013. (jlw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Darrian Rachel, : : : : : : : : : Plaintiff(s), vs. Silverton Police Department, Defendant(s). Case Number: 1:12cv953 Chief Judge Susan J. Dlott ORDER This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge J. Gregory Wehrman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on December 28, 2012 Report and Recommendation (Doc. 6). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 8) and defendant filed a response to the objections (Doc. 10). The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendations should be adopted. Plaintiff also filed a pro se motion requesting to settle this matter out of court on January 11, 2013 (Doc. 9). Accordingly, plaintiff’s complaint (Doc. 1) is DISMISSED with prejudice for failure to state a claim upon which relief may be granted. The Court certifies pursuant to 28 U.S.C. § 1915(a) that an appeal of any Order adopting the Report and Recommendation will 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). For the reasons stated above, plaintiff’s motion to settle out of court (Doc. 9) is DENIED AS MOOT. IT IS SO ORDERED. S/Susan J. Dlott_______________________ Chief Judge Susan J. Dlott United States District Court

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