Lewis v. Winkler et al
Filing
5
ORDER ADOPTING REPORT AND RECOMMENDATIONS: It is hereby ORDERED that the Complaint be DISMISSED WITH PREJUDICE for failure to state a claim on which relief may be granted and for lack of subject matter jurisdiction. For the reasons stated in the Re port and Recommendation and pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that an appeal of this Order would lack an arguable basis in law or in fact and thus would not be taken in good faith. The Court accordingly DENIES Plaintiff leave to appeal in forma pauperis. In accordance with Fed. R. App. P. 24(a)(5), Plaintiff remains free to file a motion for leave to proceed on appeal in forma pauperis in the Sixth Circuit Court of Appeals. Signed by Judge Jeffery P. Hopkins on 1/29/2025. (kmc)(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
DEBORAH LEWIS,
The Estate of Cawlena English on behalf
of Cawlena English
Plaintiff,
vs.
JUDGE RALPH E. WINKLER,
Hamilton County Probate Division, et al.,
Defendants.
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Case No. 1:23-cv-340
Judge Jeffery P. Hopkins
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation issued by Chief
Magistrate Judge Stephanie Bowman on June 20, 2023. Doc. 4. After performing an initial
screen of Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(e)(2), the Magistrate Judge
recommended that the Court dismiss Plaintiff’s Complaint in its entirety for failure to state a
claim on which relief may be granted, for lack of subject matter jurisdiction, and because
Plaintiff seeks relief against Defendants who are cloaked with absolute immunity from being
sued. Id. at PageID 29, 36. The Court has reviewed Plaintiff’s Complaint and the Report and
Recommendation. Noting that no objections have been filed and that the time for filing such
objections under Fed. R. Civ. P. 72(b) has since expired, the Court hereby ADOPTS the
Report and Recommendation in its entirety.
Accordingly, it is hereby ORDERED that the Complaint be DISMISSED WITH
PREJUDICE for failure to state a claim on which relief may be granted and for lack of subject
matter jurisdiction. For the reasons stated in the Report and Recommendation and pursuant
to 28 U.S.C. § 1915(a)(3), the Court certifies that an appeal of this Order would lack an
arguable basis in law or in fact and thus would not be taken in good faith. The Court
accordingly DENIES Plaintiff leave to appeal in forma pauperis. In accordance with Fed. R.
App. P. 24(a)(5), Plaintiff remains free to file a motion for leave to proceed on appeal in forma
pauperis in the Sixth Circuit Court of Appeals. Callihan v. Schneider, 178 F.3d 800, 803 (6th
Cir. 1999).
IT IS SO ORDERED.
January 29, 2025
Jeffery P. Hopkins
United States District Judge
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