Ealy v. Danish et al

Filing 40

ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 39 Report and Recommendations. Accordingly, Defendants Judges Yarborough and Langer's Motion to Dismiss (Doc. 14), Defendants Montgomery County Sheriff, Dave Vore, an d the Montgomery County Commissioner's Motion for Judgment on the Pleadings (Doc. 15), and Defendants Bonfield and Danish's Motion for Judgment on the Pleadings and memorandum in opposition (Doc. 23) are GRANTED; Plaintiff's Motions fo r Change of Venue (Doc. 32, 36 and 37) are DENIED; Plaintiff's Motion to Amend Petition (Doc. 27 ) is DENIED; The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order will not be taken in good faith and therefore DENIES Plaintiff leave to appeal in forma pauperis. If so certified, Plaintiff, a non-prisoner, will remain free to apply to proceed in forma pauperis in the Court of Appeals. (scot1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LARRY E. EALY, Plaintiff(s), vs. JOHN DANISH, et. al., Defendant(s). : : : : : : : : :

Case Number: 3:08cv386 Chief Judge Susan J. Dlott

ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Sharon L. Ovington filed on July 1, 2009 (Doc. 39), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired July 22, 2009, hereby ADOPTS said Report and Recommendation. Accordingly, Defendants Judges Yarborough and Langer's Motion to Dismiss (Doc. 14), Defendants Montgomery County Sheriff, Dave Vore, and the Montgomery County Commissioner's Motion for Judgment on the Pleadings (Doc. 15), and Defendants Bonfield and Danish's Motion for Judgment on the Pleadings and memorandum in opposition (Doc. 23) are GRANTED; Plaintiff's Motions for Change of Venue (Doc. 32, 36 and 37) are DENIED; Plaintiff's Motion to Amend Petition (Doc. 27 ) is DENIED; The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order will not be taken in good faith and therefore DENIES Plaintiff leave to appeal in forma pauperis. If so certified, Plaintiff, a non-prisoner, will remain free to apply to proceed in forma pauperis in

the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999). This case is TERMINATED on the docket. IT IS SO ORDERED.

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___s/Susan J. Dlott___________ Chief Judge Susan J. Dlott United States District Court