Williams v. Luxottica Retail North America Inc.
ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS: Plaintiffs complaint is DISMISSED. The Court certifies pursuant to 28 U.S.C. §1915(e) that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith, therefore DENYING plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply toproceed in forma pauperis in the Court of Appeals. Signed by Judge Susan J. Dlott on 1/30/2017. (jlw)(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
Luxottica Retail North America, Inc.,
Case Number: 1:16cv888
Judge Susan J. Dlott
This matter is before the Court pursuant to the Order of General Reference in the United States
District Court for the Southern District of Ohio Western Division to United States Magistrate Judge
Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed
with this Court on September 9, 2016 a Report and Recommendation (Doc. 4). Subsequently, the
plaintiff filed objections to such Report and Recommendation (Doc. 5).
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 determine that
such Recommendation should be adopted.
Accordingly, plaintiff’s complaint is DISMISSED. The Court certifies pursuant to 28 U.S.C.
§1915(e) that an appeal of any Order adopting the Report and Recommendation will not be taken in good
faith, therefore DENYING plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply to
proceed in forma pauperis in the Court of Appeals. See Callihan v Schneider, 178 F.3d 800, 803 (6th Cir.
1999), overruling in part Floyd v United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997).
IT IS SO ORDERED.
___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court
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