Prince v. Cha et al

Filing 21

REPORT AND RECOMMENDATIONS re 19 MOTION for Leave to Appeal in forma pauperis filed by James J Prince be DENIED; Clerk to mail a copy of this R&R and Complt to each Dft; Objections to R&R due by 8/26/2013. Signed by Magistrate Judge Mark R. Abel on 8/7/13. (sh1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
James Joseph Prince,

:

Plaintiff

:

Civil Action 2:13-cv-0035

v.

:

Judge Watson

Dr. Cha

:

Magistrate Judge Abel

and

:

Dr. Keaton,

:
Defendants

:

Report and Recommendation
It is RECOMMENDED that plaintiff Prince’s August 5, 2013 motion to proceed
on appeal in forma pauperis (doc. 19) be DENIED. Judgment has not been entered. The
court’s July 19, 2013 Order denying plaintiff’s motion for default judgment did not
adjudicate any of the claims pleaded in the complaint and is not a final appealable
order. See, Rule 54(b), Fed. R. Civ. P. The deadline for completing discovery remains
October 29, 2013.
If any party objects to this Report and Recommendation, that party may, within
fourteen (14) days, file and serve on all parties a motion for reconsideration by the
Court, specifically designating this Report and Recommendation, and the part thereof
in question, as well as the basis for objection thereto. 28 U.S.C. §636(b)(1)(B); Rule 72(b),
Fed. R. Civ. P.

The parties are specifically advised that failure to object to the Report and
Recommendation will result in a waiver of the right to de novo review by the District
Judge and waiver of the right to appeal the judgment of the District Court. Thomas v.
Arn, 474 U.S. 140, 150-52 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). See
also, Small v. Secretary of Health and Human Services, 892 F.2d 15, 16 (2d Cir. 1989).
The Clerk of Court is DIRECTED to mail a copy of the complaint and this Report
and Recommendation to each defendant.

s/Mark R. Abel
United States Magistrate Judge

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