Wilkins v. Southern Ohio Correctional Facility et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 7 ) ANDTERMINATING CASE: 1. The Court ADOPTS the Report and Recommendation (Doc. 4) in its entirety. 2. Plaintiff's complaint is hereby DISMISSED with prejudice pursuant to 28 U.S.C. § ; 1915(e)(2)(B). 3. This action is hereby TERMINATED on the Court's docket. 4. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a) that, for the reasons expressed in the Report, an appeal of this Order adopting the Report would not be taken in good faith, and therefore DENIES plaintiffs leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997), overruled on other grounds, Jones v. Bock, 549 U.S. 199,203 (2007). Plaintiffs remain free to apply to proceed in forma pauperis in the Court of Appeals. Callihan v. Schneider, 178 F.3d 800,803 (6th Cir. 1999). Signed by Judge Matthew W. McFarland on 07/29/2022. (kaf) (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 - CINCINNATI

TEVYN NEV ADA LEE WILKINS,

Case No. 1:22cv18

Plaintiff,

Judge Matthew W. McFarland
Magistrate Judge Karen L. Litkovitz

vs.
SOUTHERN OHIO
CORRECTIONAL FACILITY, et al.,
Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 7) AND
TERMINATING CASE

The Court has reviewed the Report and Recommendation of Magistrate Judge
Karen L. Litkovitz (Doc. 7), to whom this case is referred pursuant to 28 U.S.C. § 636(b) .
No objections have been filed. The time for filing such objections under Fed. R. Civ. P.
72(b) has expired.
As required by 28 U.S.C.

§

636(b) and Federal Rule of Civil Procedure 72(b), the

Court has made a de novo review of the record in this case. Accordingly, the Court orders
as follows:
1. The Court ADOPTS the Report and Recommendation (Doc. 4) in its entirety.
2. Plaintiff's complaint is hereby DISMISSED with prejudice pursuant to 28
U.S.C.

§

1915(e)(2)(B).

3. This action is hereby TERMINATED on the Court's docket.

4. The Court CERTIFIES pursuant to 28 U.S.C.

§

1915(a) that, for the reasons

expressed in the Report, an appeal of this Order adopting the Report would
not be taken in good faith, and therefore DENIES plaintiffs leave to appeal in

forrna pauperis.

See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir.

1997), overruled on other grounds, Jones v. Bock, 549 U.S. 199,203 (2007). Plaintiffs
remain free to apply to proceed in forma pauperis in the Court of Appeals.

Callihan v. Schneider, 178 F.3d 800,803 (6th Cir. 1999).
IT IS SO ORDERED.

By:

JUDGE MATTHEW W. McFARLAND

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