Burks v. Warden, Lebanon Correctional Institution

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS : Accordingly, the complaint (Doc. 1-1) is DISMISSED with prejudice pursuant to 28 U.S.C. §§1915(e)(2)(B) and 1915A(b)(1), with the exception of plaintiffs First Amendment retaliation claim against defendant Weaver.Signed by Judge Susan J. Dlott on 6/5/2018. (jlw)(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
Jamual S. Burks,
Plaintiff(s),
vs.
Christie Weaver,
Defendant(s).

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Case Number: 1:18cv282
Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge
Stephanie K. Bowman filed on May 11, 2018 (Doc. 5), to whom this case was referred pursuant to 28
U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such
objections under Fed. R. Civ. P. 72(b) expired May 25, 2018, hereby ADOPTS said Report and
Recommendation.
Accordingly, the complaint (Doc. 1-1) is DISMISSED with prejudice pursuant to 28 U.S.C.
§§1915(e)(2)(B) and 1915A(b)(1), with the exception of plaintiff’s First Amendment retaliation claim
against defendant Weaver.
The Court certifies pursuant to 28 U.S.C. §1915(a)(3) that an appeal of any Order adopting this
Report and Recommendation will not be taken in good faith. Plaintiff is therefore DENIED leave to
appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
IT IS SO ORDERED.

__s/Susan J. Dlott__
Judge Susan J. Dlott
United States District Court