Carr v. OneTouchPoint, Inc.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI RASAON CARR, : Case No. 1:23-cv-323 Plaintiff, Judge Matthew W. McFarland : Magistrate Judge Stephanie K. Bowman vs. : ONETOUCHPOINT, INC., Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 4) and TERMINATING CASE

The Court has reviewed the Report and Recommendation of Magistrate Judge Stephanie K. Bowman (Doc. 4), to whom this case is referred pursuant to 28 U.S.C. § 636(b). No objections to the Report have been filed. The time for filing such objections under Fed. R. Civ. P. 72(b) has expired. Accordingly, the Court ADOPTS the Recommendation and ORDERS: (1) Plaintiff's federal claims are DISMISSED WITH PREJUDICE under the screening standards of 28 U.S.C. § 1915(e)(2)(B), for the reasons stated in the Report. (2) The Court DECLINES to exercise jurisdiction over the state law claims and accordingly DISMISSES WITHOUT PREJUDICE the state law claims. (3) The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a) that, for the reasons expressed in the Report, an appeal of this Order adopting the Report would

not be taken in good faith, and therefore DENIES plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601, 611 (6th Cir. 1997), overruled on other grounds, Jones v. Bock, 549 U.S. 199, 203 (2007). 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). (4) This matter is TERMINATED from the Court’s docket. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF QHI : {6 By: a ‘Ww JUDGE MATTHEW W. MicFARLAND