Eckstein v. Brame

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI DALE ECKSTEIN, Case No. 1:22cv219 Plaintiff, Judge Matthew W. McFarland : Magistrate Judge Stephanie K. Bowman vs. : THOMAS BRAME, et al., Defendants.

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). Plaintiff filed a document this Court will construe as an objection (Doc. 5). As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon review, the Court finds that Plaintiff's objections are not well-taken and are accordingly OVERRULED. The Court ADOPTS the Report and Recommendation (Doc. 4) in its entirety. Accordingly, the Court orders as follows: 1. This matter is hereby REMANDED to the Hamilton County, Ohio Municipal Court. 2. 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 plaintiffs 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). Plaintiffs remain free to apply to proceed in forma pauperis in the Court of Appeals. Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999). 3. This action is hereby TERMINATED on the Court’s docket. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OFIO ¢€ e_WM By: JUDGE MATTHEW W. McFARLAND