Cokes v. Stanson

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

SHERRY COKES, et al.,

Plaintiffs, Case No. 3:24-cv-332

vs.

MARY ANN LUGER District Judge Michael J. Newman STANSON, et al., Magistrate Judge Peter B. Silvain, Jr.

Defendants. _______________________________________________________________________________________

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. No. 2); (2) GRANTING PLAINTIFF SHERRY COKES’S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (Doc. No. 1); (3) DISMISSING PLAINTIFF COKES’S COMPLAINT PURSUANT TO 28 U.S.C. § 1915(e)(2) AND FEDERAL RULE OF CIVIL PROCEDURE 12(h)(3); (4) CERTIFYING THAT AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND FINDING THAT PLAINTIFF COKES SHOULD BE DENIED LEAVE TO APPEAL IN FORMA PAUPERIS; AND (5) TERMINATING THIS CASE ON THE DOCKET _______________________________________________________________________________________

The Court has reviewed the Report and Recommendation of Magistrate Judge Peter B. Silvain, Jr. (Doc. No. 2), to whom this case was referred pursuant to 28 U.S.C. § 636(b). The parties have not filed objections to the Report and Recommendation and the time for doing so under Fed. R. Civ. P. 72(b) has expired. Upon careful review of the foregoing, and construing Plaintiff Sherry Cokes’s pro se allegations in her favor1, the Court determines that the Report and Recommendation should be adopted. Accordingly, the Court: (1) ADOPTS the Report and Recommendation of the Magistrate Judge in its entirety; (2) GRANTS Plaintiff’s motion for leave to proceed in forma pauperis; (3) DISMISSES Plaintiff Cokes’s complaint pursuant to 28 U.S.C. § 1915(e)(2) and Federal Rule of Civil Procedure 12(h)(3); (4) CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that

1 As with all pro se litigants, Plaintiff’s documents and allegations are liberally construed in her favor. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). an appeal of this Order would not be taken in good faith, and finds that Plaintiff Cokes should be denied leave to appeal in forma pauperis; and (5) TERMINATES this case on the Court’s docket. IT IS SO ORDERED. March 24, 2025 s/Michael J. Newman Hon. Michael J. Newman United States District Judge