Opinion
Case No. 1:14-cv-165
03-31-2014
JAPAN ENTERTAINMENT GROUP, CO., LTD., et al., Plaintiffs, v. ETHNA COOPER, et al., Defendants.
Judge Timothy S. Black
Magistrate Judge Stephanie K. Bowman
DECISION AND ENTRY ADOPTING THE REPORT AND
RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
(Doc. 7)
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 March 6, 2014 submitted a Report and Recommendations. (Doc. 7). Plaintiffs did not object.
In fact, Plaintiff LaShaun Pettus-Brown filed a "Notice" with the Court indicating that pursuant to the Report and Recommendation, he would file an amended complaint omitting the portion pertaining to Luwana Pettus-Oglesby. (Doc. 11 at 1).
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 Report and Recommendations should be and is hereby adopted in its entirety. Accordingly:
1. The Report and Recommendations (Doc. 7) is ADOPTED;
2. The portion of the complaint in which Ms. Pettus-Oglesby is named as a plaintiff is DISMISSED with PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B); and
3. 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 Ms. Pettus-Oglesby leave to appeal in forma pauperis. She remains free, however, to apply to proceed in forma pauperis in the Court of Appeals.
IT IS SO ORDERED.
__________________________
Timothy S. Black
United States District Judge