Thompson v. Dezarn 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. The Court accordingly DENIES Plaintiff leave to appeal in forma pauperis. Signed by Judge Jeffery P. Hopkins on 09/24/2024. (bjc)(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
:
:
Plaintiff,
:
:
vs.
:
:
JENNIFER
L.
BRANCH
d/b/a :
HAMILTON COUNTY COMMON :
PLEAS COURT JUDGE AND ALL :
SUCCESSORS, et al.,
:
:
Defendants.
:
ANTHONY THOMPSON,

Case No. 1:24-cv-000002
Judge Jeffery P. Hopkins
Chief Magistrate Judge Karen L.
Litkovitz

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation issued by Chief
Magistrate Judge Karen L. Litkovitz on February 13, 2024. 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. The Court has carefully 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 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. 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.
Dated: September 24, 2024
Hon. Jeffery P. Hopkins
United States District Judge

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