Hill v. Chambers-Smith

Filing 3

ORDER denying 1 Motion for Leave to Proceed in forma pauperis ( Show Cause Response due by 4/9/2025.); adopting Report and Recommendations re 2 Report and Recommendations. Signed by Judge James L. Graham on 3/10/25. (ds)(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
TYRICE HILL,
v.

Case No. 2:25-cv-068

Plaintiff,

Judge James L. Graham

ANNETTE CHAMBERSSMITH,

Magistrate Judge Karen L. Litkovitz

Defendant.
ORDER
This matter is before the Court for consideration of the February 14, 2025 Report and
Recommendation of Magistrate Judge Litkovitz to whom this case was referred pursuant to
28 U.S.C. § 636(b). (ECF No. 2). Magistrate Judge Litkovitz recommended that Plaintiff’s
Application to proceed in forma pauperis (ECF No. 1) be denied and that he be ordered to pay the
$405.00 filing fee within 30 days of such Order if he intends to proceed. Magistrate Judge Litkovitz
further recommended that if Plaintiff fails to timely pay the $405.00 filing fee that this action be
dismissed.
The Report and Recommendation specifically advised the parties that failure to object to
the Report and Recommendation within fourteen (14) days “may forfeit rights on appeal”
including the right to have the District Judge review the Report and Recommendation de novo,
and also operates as a waiver of the right to appeal the decision of the District Court
adopting the Report and Recommendation.” (ECF No. 3 at 3-4).
The deadline for filing objections to the Report and Recommendation has since expired,
and no party has objected to the Report and Recommendation. The Court agrees with Magistrate
Judge Litkovitz’s Report and Recommendation (ECF No. 2), and it is hereby ADOPTED.
Plaintiff’s Application to proceed in forma pauperis (ECF No. 1) is hereby DENIED. Plaintiff is
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ORDERED to pay the $405.00 filing fee WITHIN 30 DAYS of the date of this Order if he
intends to proceed. If Plaintiff fails to timely pay the filing fee, this action will be DISMISSED
WITHOUT PREJUDICE and without assessing the filing fee.
IT IS SO ORDERED.

/s/ James L. Graham
JAMES L. GRAHAM
United States District Judge
DATE: March 10, 2025

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