Doyle v. McConagha et al

Filing 83

ENTRY AND ORDER OVERRULING DEFENDANT WAYNE DOYLE'S OBJECTIONS (Doc. 81 ) TO THE CHIEF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 80 ) REGARDING DOYLE'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS; ADOPTING THE CHIEF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS IN ITS ENTIRETY; AND TERMINATING THIS CASE. Signed by Judge Thomas M. Rose on 10/2/07. (bev1, )

Doyle v. McConagha et al

Doc. 83

Case 3:07-cv-00003-TMR-MRM

Document 83

Filed 10/02/2007

Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON WAYNE DOYLE Case No. C-3-07-003 Plaintiff, Judge Thomas M. Rose -vCLARK COUNTY PUBLIC LIBRARY, et al., Defendants. ______________________________________________________________________________ ENTRY AND ORDER OVERRULING DEFENDANT WAYNE DOYLE'S OBJECTIONS (Doc. #81) TO THE CHIEF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. #80) REGARDING DOYLE'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS; ADOPTING THE CHIEF MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS IN ITS ENTIRETY; AND TERMINATING THIS CASE ______________________________________________________________________________ This matter is before the Court pursuant to Plaintiff Wayne Doyle's ("Doyle's") objections to the Report and Recommendations (doc. #80) of Chief Magistrate Judge Michael R. Merz regarding Doyle's Motion for Leave To Appeal In Forma Pauperis (doc. #79). The Defendants have responded to Doyle's Objections and argue that his objections are without merit. (Doc. #82.) The Objections are, therefore, ripe for decision. Doyle filed a Notice of Appeal on September 5, 2007. Accompanying this Notice of Appeal is an Affidavit requesting that his appeal be taken In Forma Pauperis. The Affidavit identifies the five "issues" that he wants to appeal. As required by 28 U.S.C. §636(b) and Federal Rules of Civil Procedure Rule 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Doyle's objections (doc. #81) to Magistrate Judge Merz's Report and

Dockets.Justia.com

Case 3:07-cv-00003-TMR-MRM

Document 83

Filed 10/02/2007

Page 2 of 2

Recommendations (doc. #80) are not well-taken, and they are hereby OVERRULED. Magistrate Judge Merz's Report and Recommendations (doc. #80) is ADOPTED in its entirety. Doyle's Motion for Leave To Appeal In Forma Pauperis is OVERRULED. The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. DONE and ORDERED in Dayton, Ohio, this Second day of October, 2007. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATED DISTRICT JUDGE Copies furnished to: Counsel of Record