Alepps v. Lindner

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Alicia A. Epps,

Plaintiff,

v. Case No. 1:19cv968

Carl Linder, III, et al., Judge Michael R. Barrett

Defendants.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on November 25, 2019 (Doc. 3). 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 R&R (Doc. 3) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 3) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, plaintiff’s complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted. Furthermore, for the reasons stated by the Magistrate Judge, the Court certifies that an appeal of this Order would not be taken in good faith and thus plaintiff is denied leave to appeal in forma pauperis. See 28 U.S.C. § 1915(a)(3). However, Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997). IT IS SO ORDERED. /s/ Michael R. Barrett Michael R. Barrett, Judge United States District Court