White v. Bureau of Workers' Compensation et al

Filing 4

ORDER OVERRULING 3 Objection to Magistrate Judge Order; AFFIRMING the Magistrate Judge's Order 2 . Mr. White is hereby ORDERED to either (1) pay the requisite $400 filing fee within TWENTY-ONE (21) DAYS from the date of this Order; or (2 ) file an application to proceed in forma pauperis under 28 U.S.C. § 1915 within TWENTY-ONE (21) DAYS from the date of this Order. Failure to do either of these alternate options will result in dismissal of this case. Signed by Judge Algenon L. Marbley on 5/23/2018. (cw)(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
ROBERT E. WHITE,

:
:
:
:
:
:
:
:
:
:

Plaintiff,
v.
BUREAU OF WORKERS’
COMPENSATION, et al.
Defendants.

Case No. 2:18-cv-409
JUDGE ALGENON L. MARBLEY
Magistrate Judge Vascura

OPINION & ORDER
This matter is before the Court on Plaintiff’s Objection to the Magistrate Judge’s Order
(ECF No. 3). Upon independent review by the Court, and for the reasons set forth below,
Plaintiff’s Objection (ECF No. 3) is hereby OVERRULED and the Magistrate Judge’s Order
(ECF No. 2) is AFFIRMED.
I.

BACKGROUND

On April 27, 2018, Plaintiff Robert E. White filed a Complaint against the Bureau of
Workers’ Compensation, OCSEA/AFSCME Local 11 and the State of Ohio, and the Labor
Relations Board of Review. (ECF No. 1). In conjunction with filing his Complaint, Mr. White
did not pay a filing fee, nor did he submit an application to proceed in forma pauperis. On May
1, 2018, the Magistrate Judge issued an Order requiring Mr. White to pay the requisite $400
filing fee within twenty-one days, or alternatively, submit an application to proceed in forma
pauperis. (ECF No. 2). The Magistrate Judge cautioned Mr. White that failure to comply with
the Order would result in dismissal of the litigation. (Id.). Mr. White filed the instant Objection
to the Magistrate Judge’s Order on May 7, 2018. (ECF No. 3).

1

II.

LAW AND ANALYSIS

Under Rule 72(a), a party who timely objects to a magistrate judge’s order may request
the presiding district judge to reconsider such order. Fed. R. Civ. P. 72(a). Factual findings are
subject to a “clearly erroneous” standard, while legal conclusions are reviewed under the more
lenient “contrary to law” standard.

United States v. Hunter, No. 3:06-CR-061, 2013 WL

5820251, at *1 (S.D. Ohio Oct. 29, 2013). A legal conclusion is contrary to law if it contradicts
or ignores applicable precepts of law. Id.
Here, the Magistrate Judge’s Order is neither clearly erroneous nor contrary to law. Mr.
White states that he “objects to the ORDER for dismissal on this subject matter” (ECF No. 3 at
3), but he appears to have misinterpreted the Magistrate Judge’s Order: the Magistrate Judge did
not order dismissal of the instant action at this time, but instead cautioned that the action will be
dismissed if Mr. White does not either (1) pay the $400 filing fee; or (2) file an application to
proceed in forma pauperis under 28 U.S.C. § 1915. The Magistrate Judge correctly concluded
that Mr. White must do one of those two options in order to proceed. Therefore, the Court
AFFIRMS the Magistrate Judge’s Order (ECF No. 2), and will allow Mr. White an additional
TWENTY-ONE (21) DAYS from the date of this Order to pay the filing fee or file an
application to proceed in forma pauperis.
III.

CONCLUSION

For these reasons, Plaintiff’s Objection (ECF No. 3) is hereby OVERRULED and the
Court AFFIRMS the Magistrate Judge’s Order (ECF No. 2). Mr. White is hereby ORDERED
to either (1) pay the requisite $400 filing fee within TWENTY-ONE (21) DAYS from the date
of this Order; or (2) file an application to proceed in forma pauperis under 28 U.S.C. § 1915
within TWENTY-ONE (21) DAYS from the date of this Order. Failure to do either of these
alternate options will result in dismissal of this case.
2

IT IS SO ORDERED.

/s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: May 23, 2018

3