Opinion
3:22-cv-279
09-11-2023
LEON A. MORRIS, SR., Plaintiff, v. J DAVID TURNER, ATTORNEY, et al., Defendants.
Caroline H. Gentry, Magistrate Judge.
ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. No. 16); (2) OVERRULING PRO SE PLAINTIFF'S OBJECTIONS (Doc. No. 18); (3) DISMISSING PLAINTIFF'S AMENDED COMPLAINT WITH PREJUDICE (Doc. No. 14); (4) DENYING PLAINTIFF'S REQUEST FOR ISSUANCE OF A SUMMONS (Doc. No. 13); (5) DENYING A CERTIFICATE OF APPEALABILITY; (6) CERTIFYING THAT ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS AND FINDING THAT IN FORMA PAUPERIS STATUS SHOULD BE DENIED ON APPEAL; AND (7) TERMINATING THIS CASE ON THE DOCKET
Hon. Michael J. Newman, United States District Judge.
This pro se civil case is before the Court on the Report and Recommendation issued by United States Magistrate Judge Caroline H. Gentry (Doc. No. 16), to whom this case was referred pursuant to 28 U.S.C. § 636(b). Plaintiff was subject to an initial review of his complaint after being granted leave to proceed in forma pauperis under 28 U.S.C. § 1915. See Doc. No. 1. Upon initial review, Judge Gentry recommended that Plaintiff's complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B). Doc. No. 16 at PageID 155. Plaintiff filed Objections to Judge Gentry's Report and Recommendation. Doc. No. 18.
Upon careful de novo consideration of the foregoing, the Court determines that the Report and Recommendation should be adopted. Accordingly, the Court: (1) ADOPTS the Report and Recommendation in full (Doc. No. 16); (2) OVERRULES Plaintiff's Objections; (3) DISMISSES Plaintiff's amended complaint WITH PREJUDICE (Doc. No. 14); (4) DENIES Plaintiff's request for an issuance of a summons (Doc. No. 13); (5) DENIES Plaintiff a certificate of appealability; (6) CERTIFIES that any appeal would be objectively frivolous and finds that Plaintiff should be denied in forma pauperis status on appeal; and (7) TERMINATES this case on the Court's docket.
IT IS SO ORDERED.