Opinion
Case No. 1:14-cv-929
12-31-2014
NERISSA EUBANKS, Plaintiff, v. FEDERAL HOUSING COMMISSIONER, et al., Defendants.
Magistrate Judge Stephanie K. Bowman
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 4)
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 Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on December 23, 2014, submitted a Report and Recommendations. (Doc. 4). Plaintiff filed objections.
Plaintiff's objection directs the Court to review an exhibit which allegedly "affirms that a constitutional claim was raised" in defense of her eviction. (Doc. 5). However, the fact that Plaintiff checked the box for "constitutional law" under "probable issues for review" on what appears to be the cover sheet for her state court appeal, does not evidence a basis for subject matter jurisdiction as explained in the Report and Recommendations.
As required by 28 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 Report and Recommendations should be and is hereby adopted in its entirety. Accordingly:
1. Plaintiff's complaint is DISMISSED pursuant to 28 U.S.C. Section 1915(e)(2)(B); and
2. Pursuant to 28 U.S.C. Section 1915(a)(3), an appeal of this Order would not be taken in good faith and therefore, Plaintiff is denied leave to appeal in forma pauperis.
IT IS SO ORDERED. Date: 12/31/14
/s/_________
Timothy S. Black
United States District Judge