Summary
In State of Ohio v. Ealy, Case No. 3:09-cv-99 (S.D. Ohio March 31, 2009) (Doc. 6), the Court dismissed Mr. Ealy's petition for removal as barred by the final judgment in Case No. 3:08-cv-469 and the doctrine of res judicata because Mr. Ealy attempted to remove the same state court traffic case that was the subject of Mr. Ealy's previous removal action in Case No. 3:08-cv-469.
Summary of this case from STATE v. EALYOpinion
Case No. 3:09-cv-99.
March 31, 2009
ORDER ADOPTING REPORT AND RECOMMENDATIONS
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #3), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that the Complaint is dismissed with prejudice and any appeal would be frivolous and may not be taken in forma pauperis.