Hawley vs. Ohio Department of Corrections

Filing 9

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 2 . Plaintiff is ordered to pay the full $400.00 filing fee within 30 days. This case is recommitted to the Magistrate Judge for further proceedings. Signed by Judge Herman J. Weber on 4/15/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

JAMIE HAWLEY,
Plaintiff
v.

C-1-13-729

OHIO DEPARTMENT OF
CORECTIONS, et al.,
Defendants

ORDER
This

matter

is

before

the

Court

upon

the

Report

and

Recommendation of the United States Magistrate Judge (doc. no. 2) 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.

2
The Report and Recommendation of the United States Magistrate
Judge (doc. no. 2) is hereby ADOPTED AND INCORPORATED HEREIN BY
REFERENCE. Plaintiff’s Motion to Proceed In Forma Pauperis (doc. no. 1)
is DENIED. Plaintiff is ORDERED to pay the full $400.00 fee ($350.00 filing
fee plus $50.00 administrative fee) required to commence this action
within thirty (30) days. Plaintiff is hereby notified that failure to pay the
full $400.00 fee within thirty days will result in the dismissal of his action.

See In re Alea, 286 F.3d 378, 382 (6th Cir. 2002).
The Court certifies pursuant to 28 U.S.C. ' 1915(a)(3) that, for the
foregoing reasons, an appeal of this Order would not be taken in good
faith. See, McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
This case is RECOMMITTED to the Magistrate Judge for further
proceedings according to law.
IT IS SO ORDERED.
s/Herman J. Weber
Herman J. Weber, Senior Judge
United States District Court