Finnell v. Eppans et al

Filing 6

ORDER adopting Report and Recommendation re 4 Report and Recommendation the 3 Complaint is DISMISSED with prejudice pursuant to 28 U.S.C.§§ 1915(e)(2)(B) and 1915A(b)(1), with the exception of plaintiff's claims against defendant Eppans in his individual capacity. Signed by Judge Michael R. Barrett on 6/30/20. (ba)(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
Kyle Finnell,
Plaintiff,
v.

Case No. 1:20cv337

Timothy Eppans, et al.,

Judge Michael R. Barrett

Defendants.
ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) filed
by the Magistrate Judge on June 15, 2020 (Doc. 4).
Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file
objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th
Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 4) have been filed.
Accordingly, it is ORDERED that the R&R (Doc. 4) of the Magistrate Judge is hereby
ADOPTED. Consistent with the recommendation by the Magistrate Judge, the
Complaint (Doc. 3) is DISMISSED with prejudice pursuant to 28 U.S.C.
§§ 1915(e)(2)(B) and 1915A(b)(1), with the exception of plaintiff’s claims against
defendant Eppans in his individual capacity.

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The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this
Order adopting this Report and Recommendation would not be taken in good faith.
The Court would therefore deny plaintiff’s leave to appeal in forma pauperis. See
McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
IT IS SO ORDERED.
/s/ Michael R. Barrett
Michael R. Barrett, Judge
United States District Court

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