Taylor v. Tornichio et al

Filing 23

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE (DOC. # 11 ) AND OVERRULING DEFENDANT'S OBJECTIONS THERETO (DOC. # 16 ); JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF HEREIN; DEFENDANT DENIED A CERTIFICATE OF APPEALABILITY AND PERMISSION TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY - In ruling as above, this Court concludes that the following items, although they have been reviewed by the Court, are deemed to be moot and , therefore, will not be ruled upon: Doc. ## 18 , 20 , 21 and 22 . Given that this Court's opinion rendered above, as well as the Report and Recommendation of the United States Magistrate Judge, would not be debatable among jurists o f reason and that the Plaintiff has failed to make a substantial showing of the denial of a constitutional right, a Certificate of Appealability is not issued by the undersigned. Moreover, given that the law is clearly established, this Court decline s to issue permission to appeal in forma pauperis. The objection of the Plaintiff, claiming that the Magistrate Judge has offered a chose in action for the Defendants in her Report and Recommendation, in defense for the Defendants, is b latantly erroneous. Accordingly, any appeal from this Court's opinion would be objectively frivolous. Signed by Judge Walter H. Rice on 11/21/2022. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

Case: 3:22-cv-00056-WHR-KLL Doc #: 23 Filed: 11/21/22 Page: 1 of 2 PAGEID #: 284

IN THE UNITED STATES DISTRICT COURT

FORTHE SOUTHERNDISTRICTOF OHIO
WESTERN DIVISION

PIERRE RAHSAAN TAYLOR,
Plaintiff,
Case No.

3:22cv56

vs.

JUDGE WALTER H. RICE

ADOLFOTORNICHIO,et al,
Defendants.

DECISIONAND ENTRYADOPTINGREPORTAND RECOMMENDATION
OFUNITEDSTATES MAGISTRATEJUDGE(DOC. #11) AND
OVERRULINGDEFENDANT'SOBJECTIONSTHERETO(DOC. #16);
JUDGMENTTO ENTERIN FAVOROFDEFENDANTSAND AGAINST
PLAINTIFF HEREIN; DEFENDANT DENIED A CERTIFICATE OF
APPEALABILITYAND PERMISSIONTO APPEALIN FORMAPAUPERIS;
TERMINATION ENTRY

Based upon the reasoning and citations ofauthority set forth by United States Magistrate
Judge, Karen L. Litkovitz, in her Report and Recommendation of May 23, 2022 (Doc. #11), as
well asupon a thorough de novo review ofthe filings in the captioned cause and ofthe
applicable law, this Court ADOPTS said Report and Recommendation in its entirety and
OVERRULES the Plaintiffs Objections to said Report and Recommendation in its entirety
(Doc. #16).
Accordingly, judgment is ordered to be entered in favor of Defendants and against
Plaintiff herein. The captioned cause is DISMISSED, with prejudice to a new action.

In ruling as above, this Court concludes that the following items, although they have been
reviewed by the Court, are deemed to be moot and, therefore, will not be ruled upon: Doc. ##18,
20, 21 and 22.

Case: 3:22-cv-00056-WHR-KLL Doc #: 23 Filed: 11/21/22 Page: 2 of 2 PAGEID #: 285

Given that this Court's opinion rendered above, as well asthe Report and
Recommendation ofthe United States Magistrate Judge, would not be debatable amongjurists of
reason and that the Plaintiffhas failed to make a substantial showing of the denial of a

constitutional right, a Certificate ofAppealability is not issued by the undersigned. Moreover,

given that the law is clearly established, this Court declines to issue permission to appeal in
formapauperis. The objection ofthePlaintiff, claiming thattheMagistrate Judgehasoffered a
chose in action for the Defendants in her Report and Recommendation, in defense for the

Defendants, is blatantly erroneous. Accordingly, any appeal from this Court's opinion would be
objectively frivolous.

The captioned cause is ordered terminated upon the docket records ofthe United States
District Court for the Southern District of Ohio, Western Division, at Dayton.

t:.. ^C^. X"^ 'V.-^ - .^t, !...!:'-

November 21, 2022

WALTERH. RICE
UNITED STATES DISTRICT JUDGE

Copies to:
Pierre Rahsaan Taylor, Pro Se
Counsel of record

Magistrate Judge Karen L. Litkovitz