Mobley v. State of Ohio Department of Rehabilitation and Correction et al

Filing 2

REPORT AND RECOMMENDATIONS that 1 MOTION for Leave to Proceed in forma pauperis filed by James Mobley be DENIED. Objections to R&R due w/in fourteen (14) days. Signed by Magistrate Judge Mark R. Abel on 3/28/2013. (kk2)

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

:
Plaintiff

State of Ohio Department of
Rehabilitation and Correction, et al.,

Civil Action 2:13-cv-0286

:

v.

:

Judge Watson

:

Magistrate Judge Abel

:
Defendants
:

Report and Recommendation
It is RECOMMENDED that plaintiff Jame's Mobley's March 26, 2013 motion to
proceed in forma pauperis (doc. 1) be DENIED. His affidavit and the prison cashier's
statement of inmate account state that Mobley currently has $7,680.01 in his inmate
account. Those funds are sufficient to pay the Court’s $350 filing fee.
If any party objects to this Report and Recommendation, that party may, within
fourten (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).
Plaintiff Mobley is ORDERED to pay the Court’s $350 filing fee within twenty-eight (28)
days of the date of the Report and Recommendation.
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

2