Adams v. Montgomery County Childrens Services et al

Filing 5

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 3 OVERRULING PETITIONER'S OBJECTIONS TO THE MAGISTRATE'S REPORT AND RECOMMENDATIONS 4 DISMISSING COMPLAINT 2 , AND TERMINATING CASE.Signed by Judge Thomas M. Rose on 1-19-2016. (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

Thomas Adams,
Plaintiff,
Case No. 3:15-cv-127
Judge Thomas M. Rose

v.

Montgomery County Childrens Services,
Defendant.

DECISION
AND
ENTRY
ADOPTING
REPORT
AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
MERZ (DOC. 3), OVERRULING PETITIONER=S OBJECTIONS TO THE
MAGISTRATE=S REPORT AND RECOMMENDATIONS, (DOC. 4),
DISMISSING COMPLAINT, (DOC. 2), AND TERMINATING CASE.

Pending before the Court are Plaintiff Thomas Adam=s Objections to the Magistrate=s
Report and Recommendations. (Doc. 4). The Report and Recommendations of United States
Magistrate Judge Michael R. Merz, (Doc. 3), recommends that the Court dismiss the Complaint
(Doc. 2) with prejudice and certify that any appeal that could be taken would not be in good faith.
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. 4), to the Magistrate Judge=s Report and Recommendations, (Doc. 3), are not
well taken and they are hereby OVERRULED. Wherefore, the Court DISMISSES the Petition
(Doc. 1) WITH PREJUDICE.

Because reasonable jurists would not disagree with the

Magistrate Judge’s recommendation, Petitioner is denied a certificate of appealability and the

Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore
Plaintiff should not be permitted to proceed in forma pauperis. The Clerk is ORDERED to
terminate the instant case.
DONE and ORDERED this Tuesday, January 19, 2016.

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

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