Howard v. Henry et al

Filing 4

DECISION AND ENTRY 1. The Report and Recommendations filed on October 15, 2009 (Doc. # 3 ) is ADOPTED in full, and Plaintiffs Complaint is DISMISSED; 2. The Court certifies, pursuant to 28 U.S.C. §1915(a)(3), that for the reasons set forth in th e Report and Recommendations, an appeal of this Decision and Entry would not be taken in good faith. Consequently, leave for Plaintiff to appeal in forma pauperis is DENIED; and 3. The case is terminated on the docket of this Court. Signed by Judge Thomas M Rose on 11/05/09. (pb1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CORBIN J. HOWARD, I, Plaintiff, vs. PAUL HENRY, et al., Defendants. : : : : : Case No. 3:09cv00354 District Judge Thomas M. Rose Magistrate Judge Sharon L. Ovington DECISION AND ENTRY The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #3), to whom this case was originally 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: 1. 2. The Report and Recommendations filed on October 15, 2009 (Doc. #3) is ADOPTED in full, and Plaintiff's Complaint is DISMISSED; The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that for the reasons set forth in the Report and Recommendations, an appeal of this Decision and Entry would not be taken in good faith. Consequently, leave for Plaintiff to appeal in forma pauperis is DENIED; and The case is terminated on the docket of this Court. THOMAS M. ROSE Thomas M. Rose United States District Judge 3. November 5, 2009

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