BEY v. MARSH

Full title: Gerry Bey, Petitioner(s), v. Melba D. Marsh, Respondent(s)

Court: United States District Court, S.D. Ohio, Western Division

Date published: Apr 29, 2010

Case Number: 1:10cv115 (S.D. Ohio Apr. 29, 2010)

Opinion

Case Number: 1:10cv115.

April 29, 2010

ORDER

SUSAN DLOTT, District Judge

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on April 1, 2010 (Doc. 5), to whom this case was 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) expired April 21, 2010, hereby ADOPTS said Report and Recommendation.

Accordingly, this matter is DISMISSED with prejudice for lack of prosecution and for failure to obey an order of this Court.

The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Court's Order will not be taken in good faith, therefore DENYING petitioner leave to appeal in forma pauperis. Petitioner, a non-prisoner, remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6^th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6^th Cir. 1997).

IT IS SO ORDERED.