Burress-El v. Shabazz et al
Filing
10
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4 ) AND TERMINATING THIS CASE IN THIS COURT. Signed by Judge Timothy S. Black on 11/21/18. (eh)(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
ANTUAN BURESS-EL, R,
Plaintiff,
vs.
AYESHA SHABAZZ, et al.,
Defendants.
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Case No. 1:17-cv-866
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4)
AND TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to United
States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate
Judge reviewed the pleadings and submitted a Report and Recommendation
recommending that the Complaint be dismissed with prejudice. (Doc. 4). Plaintiff timely
filed an objection (“Objection”). (Doc. 5).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
determine that such Report and Recommendation should be and is hereby adopted in its
entirety.
Plaintiff’s Objection does not set forth any argument or authority to rebut the Magistrate
Judge’s correct conclusion that the Complaint’s allegations are insufficient to state a claim with
an arguable basis in law over which this Court has subject matter jurisdiction. The Objection
(Doc. 5) is accordingly OVERRULED.
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Accordingly:
1.
The Report and Recommendation (Doc. 4) is ADOPTED;
2.
Plaintiff’s Objection (Doc. 5) is OVERRULED;
3.
Plaintiff’s Complaint is DISMISSED with prejudice;
4.
Pursuant to 28 U.S.C. § 1915(a), any appeal of this Order would not be
taken in good faith and Plaintiff is accordingly denied leave to appeal in
forma pauperis. Plaintiff remains free to apply to proceed in forma
pauperis in the Court of Appeals; and
5.
The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Date:
11/21/18
s/ Timothy S. Black
Timothy S. Black
United States District Judge
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