Franklin v. West et al
Filing
6
ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATION. (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
Tyrone Franklin,
Plaintiff(s),
vs.
Magistrate Millissa West, et al.,
Defendant(s).
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Case Number: 1:15cv486
Judge Susan J. Dlott
ORDER
This matter is before the Court pursuant to the Order of General Reference in the United
States District Court for the Southern District of Ohio Western Division to United States
Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge
reviewed the pleadings and filed with this Court on July 27, 2015 a Report and Recommendation
(Doc. 4). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc.
5).
The Court has reviewed the comprehensive findings of the Magistrate Judge and
considered de novo all of the filings in this matter. Upon consideration of the foregoing, the
Court does determine that such Recommendation should be adopted.
Accordingly, plaintiff’s complaint is DISMISSED with prejudice; 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 deny plaintiff 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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