EALY v. RICE

Full title: LARRY E. EALY, Plaintiff(s), v. WALTER H. RICE, et al., Defendant(s)

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

Date published: Apr 23, 2009

Case Number: 3:09cv100 (S.D. Ohio Apr. 23, 2009)

Opinion

Case Number: 3:09cv100.

April 23, 2009

ORDER

SUSAN DLOTT, District Judge

This matter 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 Sharon L. Ovington. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on April 3, 2009 a Report and Recommendation (Doc. 5). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 8).

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 Recommendations should be adopted.

Accordingly, Plaintiff Larry E. Ealy's complaint is DISMISSED sua sponte under 28 U.S.C. § 1951(e)(2)(B); Plaintiff's motion for removal of case (Doc. 4) is DENIED AS MOOT; the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this order adopting the Report and Recommendation will not be taken in good faith, and consequently, leave for plaintiff to appeal in forma pauperis is DENIED. This case is TERMINATED from the docket of this Court.

IT IS SO ORDERED.