Ealy v. Ruppert et al

Filing 23

ORDER by Chief Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS for 19 Report and Recommendations. Accordingly, it is hereby ORDERED that the appeal to the 6th Circuit Court of Appeals is frivolous and 17 Motion for Leave to Proceed in forma pauperis filed by Larry E Ealy is DENIED. (wam1, ) (Additional attachment(s) added on 6/24/2009: # 1 Certified Mail Receipt) (scot1, ). Modified to clarify docket text on 6/24/2009 (scot1, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Larry E. Ealy, Plaintiff,
- vs -

Case No.3 :09-cv-1 0 C h i e f J u d g e Susan J. Dlott Magistrate Judge Michael R. Mcrz

Judge James E. Ruppert, et al., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Mcrz (Doc. #19), 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) has expired. hereby ADOPTS said Report and Recommendations. Accordingly. it is hereby ORDERED that the appeal to the Sixth Circuit Court of Appeals is frivolous and the Motion to Proceed on Appeal informa pauperis is DENIED.

June ,;)2-,2009. ge Susan J. Dlott ates District Court