Damron v. Donald et al

Filing 9

ORDER adopting Report and Recommendation 6 ; dismissing the complaint with prejudice; denying plaintiff leave to appeal IFP. Signed by Judge Herman J. Weber on 6/5/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

TRACY DAMRON,
Plaintiff
v.

C-1-13-565

DONALD MORGAN, et al.,
Defendants

This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 6),
and plaintiff’s objections (doc. no. 8).

The Magistrate Judge concluded

that plaintiff’s claims brought under 42 U.S.C. § 1983 are frivolous, fail
to state a claim upon which relief may be granted or are barred from
review on statute of limitations grounds or by the Supreme Court’s
decision in Heck v. Humphrey, 512, U.S. 477, 487 (1994).
The Magistrate Judge therefore recommended that plaintiff’s
Complaint be DISMISSED WITH PREJUDICE.

2
Plaintiff objects to the Judge's Report and Recommendation on
the grounds that his findings are contrary to law.
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
Judge.
Accordingly,

the

Court

hereby

ADOPTS

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 6).
Plaintiff=s Complaint (doc. no. 1) is DISMISSED WITH PREJUDICE
pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).

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