Levy v. Macy's (Century City)

Filing 30

ORDER adopting Report and Recommendation 28 . Defendant's motion to dismiss is granted and the complaint is dismissed. Docs. 23 & 27 are denied. Docs. 14, 15, & 25 are denied as moot. Plaintiff is denied leave to appeal IFP. Plaintiff Amanda U. Levy/Amanda Ajulchuku/Amanda Levy-Ajuluchuku is enjoined from filing future civil actions without restrictions set forth in this order. Signed by Judge Herman J. Weber on 3/6/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

AMANDA U. LEVY,
Plaintiff
v.

C-1-13-148

MACY’S INC.,
Defendant

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 28) 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. 28) is hereby ADOPTED AND INCORPORATED HEREIN BY
REFERENCE. Defendant’s Motion to Dismiss (doc. no. 10) is GRANTED

2
and the Complaint i s DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)
on the ground it is frivolous and pursuant to Fed. R. Civ. P. 12(b)(6) on
the ground it fails to state a claim to relief. Plaintiff’s Motions for
Leave to Amend/Supplement the Complaint (doc. nos. 23 and 27) are
DENIED. Defendant’s Motion to Strike the Second Amended C omplaint
(doc. no. 20) and plaintiff’s M otion for Relief (doc. no. 14), Revised
M otion for Relief (doc. no. 15) and Motion to Strike the Motion to
Dismiss and Receive C ourt Documents V ia Email (doc. no. 25) are
DENIED as moot. Amanda U. Levy/Amanda Ajuluchuku/Amanda LevyAjuluchuku

is ENJOINED from filing any future civil actions in the

Southern District of Ohio unless the Complaint is first certified as nonfrivolous by an attorney in good standing in this Court or the
jurisdiction in which he or she is admitted.

The Clerk of Court i s

DIRECTED to reject any Complaint from Amanda U. Levy/Amanda
Ajuluchuku/Amanda Levy-Ajuluchuku unless she complies with the
Court's pre-filing certification instructions and pays the full filing fee.

3
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