Black v. Department of Rehabilitation and Corrections et al
Filing
11
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. 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 accord ance 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
MICIAH BLACK,
Plaintiff,
vs.
OHIO DEPARTMENT OF
REHABILITATION AND
CORRECTIONS, et al.,
:
:
:
:
:
:
:
:
:
Case No. 1:23-cv-404
Judge Jeffery P. Hopkins
Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation issued by
Magistrate Judge Kimberly A. Jolson on September 1, 2023. Doc. 6. 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. The Court has carefully reviewed Plaintiff’s Complaint,
and the Court has assessed the comprehensive findings and conclusions of the Magistrate
Judge in the Report and Recommendation and has found no clear error. See Fed. R. Civ. P.
72 (advisory committee notes from 1983 amendment) (“When no timely objection is filed,
the court need only satisfy itself that there is no clear error on the face of the record in order
to accept the recommendation”); see e.g., Roane v. Warden of Corr. Reception Ctr., No. 2:22-cv2768, 2022 WL 16535903, at *1 (S.D. Ohio Oct. 28, 2022). Noting that no objections have
been filed and that the time for filing such objections under Fed. R. Civ. P. 72(b) has 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. 1 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
Pursuant to a case memorandum order dated to December 1, 2023, (Doc. 10), this case, Black v. Department of
Rehabilitation and Corrections et al., No. 1:23-cv-00404-JPH-KAJ, is related to another case, Black v. Hartley et al.,
No. 2:23-cv-03954-JPH-KAJ.
1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?