Malone v. Erdos et al

Filing 9

DECISION AND ENTRY ADOPTING 8 REPORT AND RECOMMENDATIONS. Accordingly, Plaintiff's complaint (Doc. 1) is DISMISSED with PREJUDICE. The Court certified that an appeal of this Order would not be taken in good faith and therefore Plaintiff is denied leave to appeal in forma pauperis. Signed by Judge Timothy S. Black on 5/3/17. (gs)(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
DONALD K. MALONE, III,
Plaintiff,
vs.

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RONALD ERDOS, et al.,
Defendants.

Case No. 1:17-cv-50
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman

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DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATIONS
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 8)
This case 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 filed with this Court and, on February 28, 2017,
submitted a Report and Recommendation. (Doc. 8). No objections were filed.
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
determine that such Report and Recommendations should be and is hereby adopted in
their entirety.
Accordingly,
1. The Plaintiff’s complaint (Doc. 1) is DISMISSED with PREJUDICE
pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1); and

2. The Court certifies that pursuant to 28 U.S.C. § 1915(a)(3), an appeal of this
Order would not be taken in good faith and therefore Plaintiff is denied leave
to appeal in forma pauperis.
3. The Clerk shall enter judgment accordingly and this case is TERMINATED
in this Court.
IT IS SO ORDERED.
Date: 5/3/17
Timothy S. Black
United States District Judge

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