Kelly v. Cincinnati Children's Hospital Medical Center et al
Filing
5
ORDER adopting Report and Recommendation re 4 ; dismissing the complaint with prejudice. Plaintiff is denied leave to appeal IFP. Signed by Judge Sandra S Beckwith on 1/27/14. (mb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Deidre Kelly,
Plaintiff
v.
Case No. 1:13-cv-910
Cincinnati Children’s Hospital
Medical Center, et al.,
Defendants
ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed December 20, 2013 (Doc. 4).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file
objections to the Report and Recommendation in a timely manner. See United States
v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections
to the Magistrate Judge’s Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the
Magistrate Judge’s Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED. The complaint is dismissed with prejudice.
This Court certifies that pursuant to 28 U.S.C. § 1915(a)(3) an appeal of this
Order would not be taken in good faith, and therefore DENIES plaintiff leave to
appeal in forma pauperis. See McGore v Wrigglesworth, 114 F.3d 601 (6th Cir.
1997).
Date: January 27, 2014
s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court
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