Givens v. Shadyside Police Department et al

Filing 14

ORDER: The 10 Report and Recommendation is ADOPTED and AFFIRMED. Mr. Givens is ORDERED to pay the $402 filing fees ($350 filing fee plus $52 administrative fee) within thirty days to proceed. The Court ADVISES Mr. Givens that if he d oes not pay the filing fees in full within thirty days, his case will be dismissed for want of prosecution. The Court further CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be taken in good faith. Signed by Judge Sarah D. Morrison on 6/7/2023. (merc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 2:22-cv-04268-SDM-CMV Doc #: 14 Filed: 06/07/23 Page: 1 of 2 PAGEID #: 124

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
GREG GIVENS,
Plaintiff,

:
Case No. 2:22-cv-04268
Judge Sarah D. Morrison
Magistrate Judge Chelsey M.
Vascura

v.
SHADYSIDE POLICE
DEPARTMENT, et al.,

:

Defendants.
ORDER
On April 26, 2023, the Magistrate Judge issued a Report and
Recommendation recommending that Plaintiff Greg Givens’s first, second, and third
motions to proceed in forma pauperis (ECF Nos. 1, 3, 8) be denied. (R&R, ECF No.
10.) The R&R inadvertently omitted the deadline for filing objections, so the
Magistrate Judge issued an order on May 19, 2023, setting forth the procedure and
advising Mr. Givens that he had 14 days from the date of the May 19 order to file
and serve any written objections. (ECF No. 12.) Mr. Givens timely filed an
Objection. (ECF No. 13.)
If a party objects within the allotted time to a report and recommendation,
the Court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28
U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b). Upon review, the Court “may
accept, reject, or modify, in whole or in part, the findings or recommendations made
by the magistrate judge.” 28 U.S.C. § 636(b)(1).

Case: 2:22-cv-04268-SDM-CMV Doc #: 14 Filed: 06/07/23 Page: 2 of 2 PAGEID #: 125

In his Objection, Mr. Givens states that prior courts have allowed him to
proceed in forma pauperis and his “circumstances have not changed.” (ECF No. 13.)
He provides no case names or numbers. (Id.)
The Court has reviewed the record and analyzed the Magistrate Judge’s
R&R, and finds the R&R well-reasoned. The Magistrate Judge gave Mr. Givens
three separate opportunities to answer straightforward questions about how much
money he received from sources during the preceding twelve months, but his
answers conflicted with one another and other court filings, and evolved. (R&R,
PageID 114–15.) Mr. Givens’s Objection fails to explain these contradictions and
inconsistencies and is OVERRULED. (ECF No. 13.)
The Report and Recommendation is ADOPTED and AFFIRMED. (ECF No.
10.) For the reasons set forth in it, the motions to proceed in forma pauperis (ECF
Nos. 1, 3, 8) are DENIED. Mr. Givens is ORDERED to pay the $402 filing fees
($350 filing fee plus $52 administrative fee) within thirty days to proceed. The
Court ADVISES Mr. Givens that if he does not pay the filing fees in full within
thirty days, his case will be dismissed for want of prosecution. The Court further
CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order
would not be taken in good faith.

IT IS SO ORDERED.
/s/ Sarah D. Morrison
SARAH D. MORRISON
UNITED STATES DISTRICT JUDGE

2