Rice v. Warden, Pickaway Correctional Institution et al
Filing
7
ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations (vp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Lial W. Rice,
Plaintiff(s),
vs.
Warden, Pickaway Correctional Institution,
Defendant(s).
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Case Number: 1:15cv172
Chief Judge Susan J. Dlott
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Karen L. Litkovitz filed on April 13, 2015 (Doc. 6), to whom this case was referred pursuant to 28
U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such
objections under Fed. R. Civ. P. 72(b) expired April 30, 2015, hereby ADOPTS said Report and
Recommendation.
Accordingly, plaintiff’s complaint is DISMISSED on the grounds that the complaint fails to
state a claim upon which relief may be granted under 42 U.S.C. §1983. See 28 U.S.C. §1915(e)(2)(B).
The Court certifies pursuant to 28 U.S.C. §1915(a) that an appeal of any Order adopting the
Report and Recommendation will not be taken in good faith and therefore plaintiff is denied leave to
appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the court of
Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v.
United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997).
IT IS SO ORDERED.
___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court
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