Sudberry v. Warden Morgan et al

Filing 5

ORDER adopting Report and Recommendation 2 ; denying 1 Motion for Leave to Proceed in forma pauperis. Plaintiff is ordered to pay the filing fee of $350.00 within 30 days of the date of this order. Signed by Judge Herman J. Weber on 12/10/13. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JAMES Q. SUDBERRY,
Plaintiff
v.

C-1-13-622

WARDEN MORGAN, et al.,
Defendants

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 2) and
plaintiff’s objections thereto (doc. no. 4).

The Magistrate Judge

concluded that 1) plaintiff’s previous dismissal prevent him from filing
this action in forma pauperis and 2) plaintiff has failed to allege particular
facts showing any immediate or impending serious physical injury. The
Magistrate Judge therefore recommended that plaintiff’s Motion for
Leave to Proceed In Forma Pauperis (doc. no. 1) be denied; plaintiff
should be ordered to pay the full filing fee of $350.00 within thirty (30)
days and failure to do so will result in the dismissal of this action.

2
Plaintiff objects to the Judge's Report and Recommendation on the
grounds that his findings are contrary to law.
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 HEREIN the Report and Recommendation of the United
States Magistrate Judge (doc. no. 2). Plaintiff’s Motion for Leave to
Proceed In Forma Pauperis (doc. no. 1) is DENIED. Plaintiff is ORDERED
to pay the full filing fee of $350.00 within thirty (30) days of the date of
this Order. Failure to do so will result in the dismissal of this action.

3
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).
IT IS SO ORDERED.
_
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court