McDougald V. Mahlman

Filing 126

DECISION AND ENTRY ADOPTING the Report and Recommendation of the U.S. Magistrate Judge (Doc. 118); Plaintiff's objections (Docs. 120, 124) are OVERRULED; and Plaintiff's motion for leave to appeal in forma pauperis (Doc. 117) is DENIED. Signed by Judge Timothy S. Black on 2/27/19. (rrs)(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
JERONE MCDOUGALD,
Plaintiff,
vs.
LINNEA MAHLMAN, et al.,
Defendants.

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Case No. 1:16-cv-317
Judge Timothy S. Black
Magistrate Judge Stephanie K.
Bowman

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 118)
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the
Magistrate Judge reviewed the pleadings and submitted a Report and Recommendation
recommending that Plaintiff’s motion for leave to appeal in forma pauperis be denied.
(Doc. 118). Plaintiff filed an objection (Doc. 120) and a supplemental objection (Doc.
124). 1
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), 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

1

Plaintiff’s objections are not well-taken. Plaintiff offers to evidence or authority to rebut the
Magistrate Judge’s proper conclusion that Plaintiff is prohibited by 28 U.S.C. § 1915(g) from
proceeding in forma pauperis in this case because three of his prior complaints were dismissed
for failure to state a claim upon which relief may be granted, and because he has not established
particular facts showing that he is under imminent danger of serious physical injury.

determine that the Report and Recommendation should be and is hereby adopted in its
entirety. Accordingly:
1.

The Report and Recommendation (Doc. 118) is ADOPTED;

2.

Plaintiff’s objections (Docs. 120, 124) are OVERRULED; and

3.

Plaintiff’s motion for leave to appeal in forma pauperis (Doc. 117) is
DENIED.

4.

Plaintiff is ordered to pay the full $400.00 filing fee ($350 filing fee plus
$50 administrative fee) required to commence this action within thirty (30)
days. Failure to pay the full $400.00 filing fee within thirty (30) days will
result in the dismissal of this action; and

5.

Pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this Order would not be
taken in good faith.

IT IS SO ORDERED.
Date:

2/27/19

s/ Timothy S. Black
Timothy S. Black
United States District Judge