Iles v. Skeene

Filing 8

ORDER adopting Report and Recommendation re 4 Report and Recommendation that this matter is remanded to State Court; finding as moot 5 Motion Court to Order Transcripts; and denying 7 Motion for Leave to Appeal in forma pauperis. Signed by Judge Michael R. Barrett on 12/3/15. (Copy of this Order has been sent via regular US Mail to Clermont County Court of Common Pleas by the Clerk) (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Robert Iles,
Plaintiff,
v.

Case No. 1:15cv631

Dennis Skeene,

Judge Michael R. Barrett

Defendant.

ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on October 2, 2015 (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. United States v. Walters, 638 F.2d 947 (6th Cir.
1981). No objections to the Magistrate Judge=s Report and Recommendation have been
filed. However, Plaintiff filed a Motion for Court to Order Transcripts (Doc. 5); Notice of
Appeal (Doc. 6); and Motion for Leave to Appeal in Forma Pauperis (Doc. 7).
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 4) of the
Magistrate Judge is hereby ADOPTED. Removal of this action to this federal court is
DENIED and this matter is REMANDED to the state court. Because this action is being
remanded, Plaintiff’s Motion for Court to Order Transcripts (Doc. 5) is DENIED as MOOT.
It is also ORDERED that pursuant to 28 U.S.C. § 1915(a), Plaintiff’s Motion for Leave
to Appeal in Forma Pauperis (Doc. 7) is DENIED. However, Plaintiff remains free to apply
for in forma pauperis in the Court of Appeals.
This matter is CLOSED and TERMINATED on the docket of this Court. However,

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Plaintiff’s Notice of Appeal (Doc. 6) is to remain pending.
IT IS SO ORDERED.
/s/ Michael Barrett
Michael R. Barrett
United States District Judge

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