Opinion
Case No. 3:13cv147
06-24-2013
FREDERICK A. MOORE, JR., Plaintiff, v. LABOR READY, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS
(DOC. #5) OF UNITED STATES MAGISTRATE JUDGE IN THEIR ENTIRETY
AND OVERRULING PLAINTIFF'S INITIAL (DOC. #6) AND SUPPLEMENTAL
OBJECTIONS (DOC. #11) TO SAID JUDICIAL FILING; CAPTIONED CAUSE
DISMISSED, WITHOUT PREJUDICE, PURSUANT TO 28 U.S.C. § 1915
(e)(2)(B); CERTIFICATE OF APPEALABILITY AND ANTICIPATED REQUEST
TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY
Based upon the reasoning and citations of authority set forth in the Magistrate Judge's Report and Recommendations (Doc. #5), as well as upon a thorough review of the applicable law and the entirety of this Court's file, said Report and Recommendations are adopted in their entirety. Plaintiff's Initial (Doc. #6) and Supplemental (Doc. #11) Objections are overruled. The captioned cause is dismissed, without prejudice.
Given that reasonable jurists would not differ from this Court's conclusions reached herein, this Court herein denies a certificate of appealability. Moreover, given that any appeal from this Court's opinion would be objectively frivolous, this Court denies an anticipated request for leave to appeal in forma pauperis.
The captioned cause is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
______________________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Fredrick A. Moore, Jr., Pro Se
Counsel of record