Fernbach v. Hamilton County, Ohio

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Richard Fernbach,

Plaintiff,

v. Case No. 1:22cv644

Hamilton County Sheriff of Ohio, et al., Judge Michael R. Barrett Defendants.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on February 9, 2023 (Doc. 12). 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. 12) have been filed and the time to do so has expired. Accordingly, it is ORDERED that the R&R (Doc. 12) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, the plaintiff’s complaint is DISMISSED with prejudice, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), with the exception of any Fourteenth Amendment due process claims against “others unknown” arising out of his underlying arrests and/or state-court prosecution, which is DISMISSED without prejudice. In light of the above decision, the plaintiff’s motion for default judgment (Doc. 8) is DENIED as moot. The Court DECLINES to exercise supplemental jurisdiction over any remaining state-

1 law claims and DISMISSES such claims without prejudice. 28 U.S.C. § 1367(c)(3). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation 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 (6th Cir. 1997). IT IS SO ORDERED.

s/Michael R. Barrett Michael R. Barrett, Judge United States District Court