Evans, Jr. v. Scioto County Common Pleas Court and Judge's of General, Domestic & Probate Divisions et al
Filing
10
ORDER denying 1 Motion for Leave to Proceed in forma pauperis ( Show Cause Response due by 5/20/2015.); adopting in part Report and Recommendations re 7 Report and Recommendations.. Signed by Judge George C Smith on 4/20/15. (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
WILLIAM H. EVANS, JR.,
Plaintiff,
vs.
Case No.: 2:15-cv-769
JUDGE SMITH
Magistrate Judge Kemp
SCIOTO COUNTY COMMON PLEAS
COURT AND JUDGE’S OF GENERAL,
DOMESTIC & PROBATE DIVISIONS, et al.,
Defendants.
ORDER
On April 7, 2015, the United States Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff’s motion to proceed in forma pauperis (Doc. 1) be
denied and that Plaintiff be required to pay the entire $400.00 filing fee. (See Report and
Recommendation, Doc. 7). The parties were advised of their right to object to the Report and
Recommendation. This matter is now before the Court on Plaintiff’s Objection and Supplemental
Objection to the Magistrate Judge’s Report and Recommendation. (See Docs. 8 and 9). 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 Objection challenges the Magistrate Judge’s conclusion that he has “three
strikes” and thus has been denied the opportunity to proceed in forma pauperis. Plaintiff argues
that he has satisfied the imminent danger of 28 U.S.C. § 1915(g).
The Court has carefully reviewed the Report and Recommendation and Plaintiff’s
objections. The Court agrees with the findings of the Magistrate Judge that Plaintiff has had
three cases dismissed in the past as frivolous or for failure to state a claim. Pursuant to 28 U.S.C.
§ 1915(g), a plaintiff may not bring a suit in forma pauperis if that prisoner “has, on 3 or more
occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of
the United States that was dismissed on the ground that it is frivolous, malicious, or fails to state
a claim upon which relief may be granted, unless the prisoner is under imminent danger of
serious physical injury.” Further, the Court agrees with the Magistrate Judge’s findings that
Plaintiff has not sufficiently pled in his complaint that he is under imminent danger of serious
physical injury. Therefore, 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 1, 7, 8 and 9 from the Court’s pending motions list.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT
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