Edwards v. Dayton Police Department et al

Filing 12

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE OVINGTON 4 , OVERRULING PETITIONER'S OBJECTIONS TO THE MAGISTRATE'S REPORT AND RECOMMENDATIONS 11 , DISMISSING COMPLAINT WITHOUT PREJUDICE 2 , AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 5-12-2016. (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

Drake A. Edwards,
Plaintiff,
Case No. 3:15-cv-135
Judge Thomas M. Rose

v.

Dayton Police Department, et al.,
Defendants.

DECISION
AND
ENTRY
ADOPTING
REPORT
AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
OVINGTON (DOC. 4), OVERRULING PETITIONER=S OBJECTIONS TO
THE MAGISTRATE=S REPORT AND RECOMMENDATIONS, (DOC. 11),
DISMISSING COMPLAINT WITHOUT PREJUDICE, (DOC. 2), AND
TERMINATING CASE.

Pending before the Court are Plaintiff Drake A. Edwards=s Objections to the Magistrate=s
Report and Recommendations. (Doc. 11). The Report and Recommendations of United States
Magistrate Judge Sharon L. Ovington, (Doc. 4), recommends that, because Edwards’s claims do
not raise a claim with any rational or arguable basis in fact or law, Plaintiff’s Complaint should be
dismissed without prejudice for failure to state a claim upon which relief can be granted. The
Report and Recommendation further recommends the Court 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. 11), to the Magistrate Judge=s Report and Recommendations, (Doc. 3), are not

well taken and they are hereby OVERRULED.

Wherefore, the Court DISMISSES the

Complaint (Doc. 2) 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 Thursday, May 12, 2016.

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

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