Barfield v. Erdos et al
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.)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
Case No. 1:15-cv-696
Ron Erdos, et al.,
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).
Date: November 8, 2016
s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court
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