Bush v. Ahmad et al

Filing 8

ORDER adopting Report and Recommendation 4 ; dismissing the complaint; denying plaintiff leave to appeal IFP. Signed by Judge Herman J. Weber on 2/13/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

WILLIE JAMES BUSH, JR.,
Plaintiff
v.

C-1-13-448

DR. YOUSUF AHMAD, et al.,
Defendants
ORDER
This matter, assigned to this Judge by Order dated July 8, 2013
(doc. no. 5), is before the Court upon the Report and Recommendation
of the United States Magistrate Judge (doc. no. 4) and plaintiff’s
objections thereto (doc. no. 7).

The Magistrate Judge concluded that

plaintiff’s Complaint is subject to dismissal as frivolous under 28 U.S.C.
§ 1915(e)(2)(B) and for lack of subject matter jurisdiction under Fed. R.
Civ. P. 12(h)(3).

The Magistrate Judge therefore recommended that

plaintiff’s Complaint be DISMISSED WITH PREJUDICE.
Plaintiff objects to the Judge's Report and Recommendation on
the grounds that his findings are contrary to law.

2
CONCLUSION
Upon a de novo review of the record, especially in light of
plaintiff=s objections, the Court finds that plaintiff=s objections have
either been adequately addressed and properly disposed of by the
Judge or present no particularized arguments that warrant specific
responses by this Court.

The Court finds that the Magistrate Judge

has accurately set forth the controlling principles of law and properly
applied them to the particular facts of this case and agrees with the
Magistrate Judge.
Accordingly, the Court hereby ADOPTS AND INCORPORATES BY
REFERENCE the Report and Recommendation of the United States
Magistrate Judge (doc. no. 4).

Plaintiff=s Complaint (doc. no. 3) is

DISMISSED and this case is TERMINATED on the docket of this Court.

3
For all of the above reasons, this Court certifies pursuant to 28
U.S.C. §1915(a)(3) that an appeal of this Order would not be taken in
good faith.

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

The Court therefore DENIES plaintiff leave to proceed in forma pauperis
in the United States Court of Appeals for the Sixth Circuit.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court