Evans, Jr. v. Scioto County Common Pleas Court and Judge's of General, Domestic & Probate Divisions et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C. Smith on 4/21/16. (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
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 March 31, 2016, the United States Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff’s second motion to appeal in forma pauperis
(Doc. 27) be denied and that Plaintiff be required to pay the full appellate filing fee. (See Report
and Recommendation, Doc. 28). 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 to the
Magistrate Judge’s Report and Recommendation. (See Doc. 29). 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 challenge the Magistrate Judge’s conclusion that he has “three
strikes” and asserts that he has specifically pled the “imminent danger” exception 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 27 and 28 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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