Stephenson v. The Ohio State University et al

Filing 7

ORDER. The Court ADOPTS the Report and Recommendation and OVERRULES Plaintiff's Objection. Additionally, the Court finds that any appeal of this decision, pursuant to 28 U.S.C. § 1915(a)(3), would not be taken in good faith. Signed by Judge Gregory L Frost on 8/10/2010. (pes1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION WILLIAM E. STEPHENSON, Plaintiff, vs. THE OHIO STATE UNIVERSITY, et al., Defendants. ORDER This matter is before the Court for consideration of the July 23, 2010, Report and Recommendation of the Magistrate Judge (Doc. 5). The Magistrate Judge recommended that the Court dismiss Plaintiff's action as frivolous. On August 3, 2010, Plaintiff filed his Objection to the Report and Recommendation. The Court has conducted a de novo review of the portions of the Report and Recommendation to which Plaintiff objects. See 28 U.S.C. 636(b)(1). In his Objection, Plaintiff raises no new issues which the Magistrate Judge did not already consider and reject. Finding no error in the Magistrate Judge's application of the law, the Court ADOPTS the Report and Recommendation and OVERRULES Plaintiff's Objection (Doc. 6). Additionally, the Court finds that any appeal of this decision, pursuant to 28 U.S.C. 1915(a)(3), would not be taken in good faith. IT IS SO ORDERED. /s/ Gregory L. Frost GREGORY L. FROST UNITED STATES DISTRICT JUDGE Civil Action 2:10-cv-00609 Judge Gregory L. Frost Magistrate Judge E. A. Preston Deavers

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