Dawson v. Sheeran

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

WILLIAM T. DAWSON, JR., Plaintiff, Civil Action 2:23-cv-1627 v. Judge Edmund A. Sargus, Jr. Magistrate Judge Chelsey M. Vascura PATRICK E. SHEERAN, et al., Defendants.

ORDER

This matter is before the Court on the Report and Recommendation of the Magistrate Judge (ECF No. 4), who recommends that Plaintiff’s request to proceed in forma pauperis (ECF No. 3) be denied. The Magistrate Judge also advised Plaintiff that even if he pays the filing fee, his claims could be subject to dismissal under 28 U.S.C. § 1915A under the doctrines of judicial and prosecutorial immunity. See Pierson v. Ray, 386 U.S. 547, 553-54 (1967); Imber v. Pachtman, 424 U.S. 409, 427 (1976). Plaintiff filed an Objection (ECF No. 5), in which he indicated that he was paying $300.00 towards his filing fee. However, Plaintiff failed to enclose any check and has, therefore, failed to comply with the Magistrate Judge’s Order that required him to pay the filing fee by May 29, 2023. Consequently, the Court ADOPTS the Magistrate Judge’s Report and Recommendation and DISMISSES this action without prejudice. The Clerk is DIRECTED to ENTER JUDGMENT in favor of Defendants and to CLOSE this case. IT IS SO ORDERED.

8/7/2023 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE