Eckstein v. Brame et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 4 ) AND TERMINATING CASE: 1. This matter is hereby REMANDED to the Hamilton County, Ohio Municipal Court. 2. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a) that, for the reasons expre ssed 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 g rounds, 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). 3. This action is hereby TERMINATED on the Court's docket. IT IS SO ORDERED. 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

DALE ECKSTEIN,

Case No. 1:22cv219

Plaintiff,

Judge Matthew W. McFarland
Magistrate Judge Stephanie K. Bowman

vs.

THOMAS BRAME, et al.,
Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 4) AND
TERMINATING CASE

The Court has reviewed the Report and Recommendation of Magistrate Judge
Stephanie K. Bowman (Doc. 4), to whom this case is referred pursuant to 28 U.S.C.

§

636(b). Plaintiff filed a document this Court will construe as an objection (Doc. 5). 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. Upon review, the Court finds that
Plaintiff's objections are not well-taken and are accordingly OVERRULED. The Court
ADOPTS the Report and Recommendation (Doc. 4) in its entirety. Accordingly, the

Court orders as follows:
1. This matter is hereby REMANDED to the Hamilton County, Ohio Municipal
Court.
2. 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).
3. This action is hereby TERMINATED on the Court's docket.
IT IS SO ORDERED.

UNITED ST ATES DISTRICT COURT
ERN DISTRICT
By:

;rf\#~
JUDGE MATTHEW W. McFARLAND

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