Franklin v. Lanter et al

Filing 8

ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATION (Doc. 4); dismissing case with prejudice for failure to state a claim for relief. (vp)(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
WESTERN DIVISION
Tyrone Franklin,
Plaintiff(s),
vs.
Police Officer Timothy Lanter, et al.,
Defendant(s).

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Case Number: 1:17cv589
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 September 29, 2017 a Report and Recommendation (Doc. 4). Subsequently,
the plaintiff filed objections to such Report and Recommendation (Doc. 7).
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, it is ORDERED that this action be DISMISSED with prejudice for failure to state
a claim for relief. The Court certifies pursuant to 28 U.S.C. §1915(a) 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.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court