Pettus-Brown v. Hamilton County Ohio et al

Filing 5

ORDER adopting Report and Recommendation re 2 Report and Recommendation dismissing 1 Motion to File Document Under Seal. Signed by Judge Michael R. Barrett on 2/13/17. (ba)(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
LaShawn R. Pettus-Brown,
Plaintiff,
v.

Case No. 1:17cv032

Hamilton County, Ohio, et al.,

Judge Michael R. Barrett

Defendant.
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate
Judge on January 23, 2017 (Doc. 2).
Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including
notice that the parties would waive further appeal if they failed to file objections to the Report and
Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
No objections to the Magistrate Judge=s Report and Recommendation (Doc. 2) have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 2) of the
Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate
Judge that Plaintiff’s pleading entitled "Bill in Chancery/Equity and Injunctive Relief" (Doc. 1) is
DISMISSED with prejudice, with the caveat that the dismissal may not be construed as
precluding plaintiff from filing a habeas petition challenging any conviction or sentence he may
receive in Hamilton County Court of Common Pleas Case No. B1605805 after he has exhausted
all available state-court remedies.

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Any request for certificate of appealability or request to certify an appeal would not be
taken in good faith and would be denied.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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