Jones v. US Bank National Association et al

Filing 5

DECISION AND ENTRY ADOPTING 2 REPORT AND RECOMMENDATIONS. IT IS ORDERED that Plaintiff's complaint is DISMISSED AS DUPLICATIVE under 28 U.S.C. § 1915(e)(2)(B). The Court certifies that an appeal of this Order would not be taken in faith and denies Plaintiff leave to appeal in forma pauperis. Signed by Judge Timothy S. Black on 4/18/17. (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
DERRYN NICOLE JONES, et al.
Plaintiffs,
vs.
U.S. BANK NATIONAL
ASSOCIATION, et al.,
Defendants.

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Case No. 1:17-cv-174
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 2)
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 Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings filed with this Court and, on March 28, 2017, submitted a
Report and Recommendation. (Doc. 2). Plaintiff filed objections on April 11, 2017.
(Doc. 3). 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

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Plaintiffs’ objections are not well-taken. As the Report and Recommendation establishes,
Plaintiffs’ allegations in this complaint are duplicative of allegations made against the same
Defendants in another case currently before this Court. Plaintiffs’ objections fail to address this.
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determine that such Report and Recommendation should be and is hereby adopted in its
entirety. Accordingly, IT IS ORDERED that:
1)

Plaintiff’s complaint is DISMISSED AS DUPLICATIVE under 28 U.S.C.
§ 1915(e)(2)(B)

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, whereupon this case shall be
CLOSED.

IT IS SO ORDERED.
Date:

4/18/17

________________________
Timothy S. Black
United States District Judge

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