Barfield v. Erdos et al

Filing 64

ORDER denying 46 Plaintiff's fourth motion to amend complaint; adopting Report and Recommendation 51 ; denying plaintiff leave to appeal IFP. Signed by Judge Sandra S. Beckwith on 11/8/16. (mb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Edward Barfield, Plaintiff v. Case No. 1:15-cv-696 Ron Erdos, et al., Defendants ORDER This matter is before the Court on the Magistrate Judge’s Report and Recommendation filed August 16, 2016 (Doc. 51), concerning plaintiff’s fourth motion for leave to amend his complaint. In the Report and Recommendation, the Magistrate Judge recommends that plaintiff’s motion should be denied because his proposed amended complaint fails to allege any facts demonstrating how the newly proposed defendants’ (i.e., C.O. Parish, C.O. John Doe, Sergeant Bare, and three John Doe nurses) alleged actions in April and May 2016 bear any connection, to the action of the named defendants that allegedly occurred six months earlier. Plaintiff filed an objection (Doc. 53), which fails to meaningfully respond to the Report and Recommendation of the Magistrate Judge, and fails to demonstrate that the conclusions and recommendation are factually or legally erroneous. As required by 28 U.S.C. § 636(b)(1)(C) and Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo review of the record in this case. Upon such review, the Court finds that plaintiff’s objection to the Report and Recommendation is overruled. The Report is adopted in full. Plaintiff’s fourth motion for leave to amend his complaint (Doc. 46) is denied. Plaintiff’s unrelated claims must be addressed in a separately filed new civil rights complaint, and not by amending the complaint in this action. 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). SO ORDERED. Date: November 8, 2016 s/Sandra S. Beckwith Sandra S. Beckwith, Senior Judge United States District Court 2

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