Burton v. Fugate et al

Filing 8

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS: The Court determines that such Recommendation should be adopted. Accordingly, plaintiffs complaint is DISMISSED pursuant to 28 U.S.C. §1915(e)(2)(B). Signed by Judge Susan J. Dlott on 4/21/2017. (jlw)(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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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Gerald Burton, Plaintiff(s), vs. Angela Fugate, et al., Defendant(s). : : : : : : : : : Case Number: 1:16cv1023 Judge Susan J. Dlott ORDER 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 Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on November 29, 2016 a Report and Recommendations (Doc. 4). Subsequently, the plaintiff filed objections to such Report and Recommendation. 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 pursuant to 28 U.S.C. §1915(e)(2)(B). It is further ORDERED that the Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith. Therefore, plaintiff is DENIED leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997). IT IS SO ORDERED. ___s/Susan J. Dlott___________ Judge Susan J. Dlott United States District Court

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