Boddie v. Van Steyn

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C. Smith on 4/20/16. (lvw)(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
EASTERN DIVISION
HOWARD BODDIE, JR.,
Plaintiff,
vs.

Case No.: 2:15-cv-06
JUDGE SMITH
Magistrate Judge Kemp

SCOTT J. VAN STEYN,
Defendants.

ORDER
On March 1, 2016, the United States Magistrate Judge issued a Report and
Recommendation recommending that the Court deny Mr. Boddie’s motion for leave to appeal in
forma pauperis because as a prisoner subject to the “three strikes” rule, Mr. Boddie is not
entitled to proceed on appeal without paying the filing fee. (See Report and Recommendation at
2, Doc. 16). The parties were advised of their right to object to the Report and Recommendation.
This matter is now before the Court on Plaintiff’s Objections to the Magistrate Judge’s Report
and Recommendation. (See Doc. 17). The Court will consider the matter de novo. See 28
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
Plaintiff’s Objections continue to challenge the Magistrate Judge’s conclusion and this
Court’s adoption that the “three strikes” rule applies to this case. However, that issue has been
considered in detail and ruled upon. Mr. Boddie again argues that he is not subject to the “three
strikes” rule and he has sufficiently pled the imminent danger exception. However, as set forth
in detail in prior decisions of this Court, Mr. Boddie is incorrect and is subject to the “three

strikes” rule. Therefore, he is not entitled to proceed on appeal without paying the filing fee.
Accordingly, for the reasons stated in the Report and Recommendation, this Court finds
that Plaintiff’s objections are without merit and are hereby OVERRULED.
The Clerk shall remove Documents 15 and 16 from the Court’s pending motions list and
this case shall remain closed.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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