Opinion
Case No. 1:14-cv-476
07-14-2014
ERNEST HALL, Plaintiff, v. SGT. CROSS, Defendant.
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 2)
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 Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court, and, on June 17, 2014 submitted a Report and Recommendations. (Doc. 2). Plaintiff did not file objections.
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 motion to proceed in forma pauperis is DENIED;
2. Plaintiff is ORDERED to pay the full $400 filing fee on or before August 11, 2014;
3. Plaintiff is ADVISED that his failure to pay the full $400 filing fee on or before August 11, 2014 will result in dismissal of his action; and
4. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith, and therefore DENIES Plaintiff leave to appeal in forma pauperis. He remains free, however, to apply to proceed in forma pauperis in the Court of Appeals.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge