Pina v. United States U.S. Marshals

Filing 9

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS 7 OF UNITED STATES MAGISTRATE JUDGE MERZ, OVERRULING PETITIONER'S OBJECTIONS TO THE MAGISTRATE'S FINDINGS AND RECOMMENDATIONS 8 AND DENYING MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS 6 . Signed by Judge Thomas M. Rose on 1-13-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Demian Joseph Pina,
Petitioner,
Case No. 3:15-cv-080
Judge Thomas M. Rose

v.

United States Marshal for the Southern District
of Ohio,
Respondent.

DECISION
AND
ENTRY
ADOPTING
REPORT
AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
MERZ (DOC. 7), OVERRULING PETITIONER=S OBJECTIONS TO THE
MAGISTRATE=S FINDINGS AND RECOMMENDATIONS, (DOC. 8), AND
DENYING MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS,
(DOC. 6).

Pending before the Court are Petitioner Demian Joseph Pina=s Objections to the
Magistrate=s Report and Recommendations. (Doc. 8). The Report and Recommendations of
United States Magistrate Judge Michael R. Merz, (Doc. 7), recommends that the Court deny
Petitioner’s Motion for Leave to Appeal in forma pauperis. (Doc. 6).
As required by 28 U.S.C. ' 636(b) and Federal Rule of Civil Procedure 72(b), the Court has
made a de novo review of the record in this case. Upon said review, the Court finds that Plaintiff=s
objections, (Docs. 8), to the Magistrate Judge=s Report and Recommendations, (Doc. 7), are not
well taken and they are hereby OVERRULED. Wherefore, the Court DENIES the Motion
(Doc. 6). The case remains closed.

DONE and ORDERED this Wednesday, January 13, 2016.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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