EALY v. O'MCCOLLUM

Full title: LARRY E. EALY, Plaintiff, v. JUDGE ALICE O'McCOLLUM, et al., Defendants

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

Date published: Mar 16, 2009

Case No. 3:09cv00056 (S.D. Ohio Mar. 16, 2009)

Opinion

Case No. 3:09cv00056.

March 16, 2009

DECISION AND ENTRY

THOMAS ROSE, District Judge

The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #3), to whom this case was originally 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) has expired, hereby adopts said Report and Recommendations.

Accordingly, it is hereby ORDERED that:

1. The Report and Recommendations filed on February 23, 2009 (Doc. #2) is ADOPTED in full;

2. Plaintiff's Complaint is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B);

3. The Court certifies pursuant to 28 U.S.C. § 1915(a) that, for the reasons set forth in the Report and Recommendations, an appeal of this Decision would not be taken in good faith, and consequently, leave for Plaintiff to appeal in forma pauperis is DENIED. Plaintiff — a non-prisoner — remains free to apply to proceed in forma pauperis in the United States Court of Appeals. See Callihan v. Schneider, 178 F. 3d 800, 803 (6^th Cir. 1999); and

4. The case is terminated on the docket of this Court.