El v. Hamilton County, et al

Filing 11

ORDER by Judge Susan J. Dlott denying 9 Motion for Leave to Appeal in forma pauperis; adopting Report and Recommendations re 10 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

Eleetra Sharah El,
Plaintiff(s),
vs.
Hamilton County, Ohio et al.,
Defendant(s).

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Case Number: 1:15cv797
Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge Stephanie K. Bowman filed on February 29, 2016 (Doc. 10), 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 March 17, 2016,
hereby ADOPTS said Report and Recommendation.
Accordingly, plaintiff’s motion for leave to proceed in forma pauperis on appeal (Doc. 9)
is DENIED.
Pursuant to Fed . R. App. P. 24(a)(4), plaintiff may file, within 30 days after service of
the District Court’s Order adopting the Report and Recommendation, a motion with the Sixth
Circuit Court of Appeals for leave to proceed as a pauper on appeal. Callihan v. Schneider, 178
F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Service, 105 F.3d
274 (6th Cir. 1997). Plaintiff’s motion must include a copy of the affidavit filed in the District
Court and this Court’s statement as to the reasons for denying pauper status on appeal. Id.; see
Fed. R. App. P. 24(a)(5).
Plaintiff is notified that if she does not file a motion within 30 days of receiving a copy of

this decision as required by Fed. R. App. P. 24(a)(5), or fails to pay the required filing fee of
$455.00 within the same time period, the appeal will be dismissed for want of prosecution.
Callihan, 178 F.3d at 804. Once dismissed for want of prosecution, the appeal will not be
reinstated, even if the filing fee or motion for pauper status is subsequently tendered, unless
plaintiff can demonstrate that she did not receive notice of the District Court’s decision within
the time period prescribed for by Fed. R. App. P. 24(a)(5). Id.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court