Opinion
Case No. 3:13-cv-209
08-16-2013
Judge Timothy S. Black
Magistrate Judge Michael R. Merz
DECISION AND ENTRY ADOPTING THE REPORT AND
RECOMMENDATIONS (Doc. 6) AND SUPPLEMENTAL REPORT AND
RECOMMENDATIONS (Doc. 9) OF THE UNITED STATES MAGISTRATE
JUDGE
This case is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and, on July 11, 2013 submitted a Report and Recommendations ("R&R"). (Doc. 6). Plaintiff objected to the R&R. (Doc. 7). This Court then recommitted the case to the Magistrate Judge for reconsideration in light of the objections. (Doc. 8). Pursuant to such reference, the Magistrate Judge reviewed the objections, and, on July 22, 2013, submitted a Supplemental R&R. (Doc. 9). Plaintiff did not object to the Supplemental R&R.
As required by 29 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such R&R and Supplemental R&R should be and is hereby adopted in its entirety. Accordingly:
1. The Report and Recommendations (Doc. 6) and Supplemental Report and Recommendations (Doc. 9) are ADOPTED;
2. Plaintiff's objections (Doc. 7) are OVERRULED;
3. Plaintiff's complaint is DISMISSED WITH PREJUDICE and a certificate of appealability would be objectively frivolous and therefore Plaintiff will not be permitted to proceed in forma pauperis; and
4. This case is CLOSED on the docket of this Court.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge