Mimms v. Ware et al
Filing
6
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 5/21/18. (jlm)(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
JAMES DONALD MIMMS,
Plaintiff,
vs.
LINCOLN WARE, et al.,
Defendants.
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Case No. 1:18-cv-185
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 filed with this Court, and, on March 19, 2018, submitted a
Report and Recommendation. (Doc. 4). Plaintiff filed timely objections (“Objections”).
(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
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The Objections repeat Plaintiff’s argument that he was disrespected on Defendants’ radio show,
but does not address the Magistrate Judge’s (correct) conclusion that this action should be
dismissed due to lack of diversity jurisdiction, lack of federal question jurisdiction, and because
the Complaint fails to state a claim upon which relief may be granted.
in its entirety. Accordingly:
1.
The Report and Recommendation (Doc. 4) is ADOPTED;
2.
Plaintiff’s Complaint is DISMISSED with prejudice;
3.
Pursuant to 28 U.S.C. § 1915(a), an appeal of this Order would not be taken
in good faith. Accordingly, Plaintiff is denied leave to appeal in forma
pauperis. Plaintiff remains free to apply to proceed in forma pauperis in
the Court of Appeals; and
4.
The Clerk shall enter judgment accordingly, whereupon this case is
TERMINATED on the docket of this Court.
IT IS SO ORDERED.
Date:
5/21/18
Timothy S. Black
United States District Judge
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