Opinion
Case No. 1:13cv147
11-14-2013
Amanda U. Levy, Plaintiff, v. Macy's Inc., Defendant.
Judge Michael R. Barrett
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on October 22, 2013 (Doc. 28).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation (Doc. 28) have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 28) of the Magistrate Judge is hereby ADOPTED. The Complaint (Doc. 3) is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) on the ground it is frivolous and pursuant to Fed. R. Civ. P. 12(b)(6) on the ground it fails to state a claim to relief. Plaintiff's motions for leave to amend/supplement the complaint (Doc. 24, 27) are DENIED. Defendant's motion to strike the second amended complaint (Doc. 20) and plaintiff's motion for relief on a certain date (Doc. 14), revised motion for relief (Doc. 15), and motion to strike the motion to dismiss and receive court documents via email (Doc. 25) are DENIED as moot. Amanda U. Levy/Amanda Ajuluchuku/Amanda Levy-Ajuluchuku is ENJOINED from filing any future civil actions in the Southern District of Ohio unless the complaint is first certified as non-frivolous by an attorney in good standing in this Court or the jurisdiction in which he or she is admitted. The Clerk of Court should be directed to reject any complaint from Amanda U. Levy/Amanda Ajuluchuku/Amanda Levy-Ajuluchuku unless she complies with the Court's pre-filing certification instructions and pays the full filing fee.
The Court certifies that pursuant to 28 U.S.C. § 1915(a) an appeal of this Order would not be taken in good faith and therefore will deny plaintiff leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., I05 F.3d 274, 277 (6th Cir. 1997).
IT IS SO ORDERED.
______________________
Michael R. Barrett
United States District Judge