Ealy v. O'McCollum et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations. Accordingly pltf's 8 Motion for Leave to Proceed in forma pauperis is DENIED. Signed by Chief Judge Susan J. Dlott on 3/14/13. Copy of order sent regular mail. (wam1)

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

Larry E. Ealy,
Plaintiff(s),
vs.
Judge Alice O’McCullum, et al.,
Defendant(s).

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Case Number: 3:09cv56
Chief Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge Sharon L. Ovington filed on (Doc.11 ), 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 January 2, 2010 , hereby ADOPTS said
Report and Recommendation.
Accordingly, plaintiff’s motion to proceed IFP (Doc. 8) is DENIED based on the Court’s
certification that plaintiff’s appeal of the entry (Doc. 3) is untimely, frivolous and not taken in
good faith.
IT IS SO ORDERED.

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