Cunningham v. Miller

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Carol Yvonne Cunningham,

Plaintiff,

v. Case No. 1:24cv603

Sue Miller,

Defendant.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on October 29, 2024 (Doc. 4). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties may forfeit rights on appeal if they failed to file objections to the R&R 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. 4) have been filed and the time to do so has expired. Accordingly, it is ORDERED that the R&R (Doc. 4) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Plaintiff’s Complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). The Court certifies that an appeal of this Order would not be taken in good faith and therefore denies Plaintiff leave to appeal in forma pauperis. The Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States

1 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