Foster v. State of Ohio et al

Filing 7

ORDER adopting Report and Recommendation 4 ; dismissing plaintiff's complaint with prejudice; denying plaintiff leave to appeal IFP. Signed by Judge Sandra S Beckwith on 11/3/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Christopher Foster,
Plaintiff
v.

Case No. 1:14-cv-668

State of Ohio, et al.,
Defendants

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed August 22, 2014 (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. Plaintiff’s complaint is DISMISSED with
prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915(b)(1).
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: November 3, 2014

s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court