Ruff v. Credit Adjustment, Inc.

Filing 4

ORDER ADOPTING the REPORT AND RECOMMENDATION 2 in that 1 Plaintiff's Motion for Leave to Proceed in forma pauperis is DENIED; Plaintiff must pay the $400 filing fee on or before 9/1/17 or his complaint will be dismissed. Signed by Judge George C. Smith on 8/2/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION GERRY RUFF, Plaintiff, vs. Case No.: 2:17-cv-540 JUDGE GEORGE C. SMITH Magistrate Judge Jolson CREDIT ADJUSTMENT, INC., Defendant. ORDER On June 26, 2017, the United States Magistrate Judge issued a Report and Recommendation recommending that Plaintiff’s Motion for Leave to Proceed In Forma Pauperis be denied. (See Report and Recommendation, Doc. 2). 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 Report and Recommendation. (See Doc. 3). Plaintiff objects to the finding in the Report and Recommendation that he incurred a new expense of a car payment of $500. He represents that the payment was listed on a former Motion to Proceed In Forma Pauperis as First Investors for $455.34, and the reason for the $44.66 different in amount is due to late charged added to his payment. (Doc. 3). Plaintiff maintains that paying the $400.00 filing fee will deprive him of his ability to provide the basic necessities for his family. (Id.). Regardless of the aforementioned lack of change in the car payment, the Court has carefully reviewed the record and agrees with the Magistrate Judge that Plaintiff’s circumstances have changed in that his salary has increased and he is paying less child support, such that a onetime $400 filing fee payment. Therefore, the Court finds that Plaintiff’s Objections are without merit and are hereby OVERRULED. The Report and Recommendation, Document 2, is hereby ADOPTED and AFFIRMED. Plaintiff must file the $400 filing fee on or before September 1, 2017, or his Complaint will be dismissed. The Clerk shall remove Documents 1 and 2 from the Court’s pending motions list. IT IS SO ORDERED. /s/ George C. Smith__________________ GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT 2

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