Finnell v. Eppans

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Kyle Finnell,

Plaintiff,

v. Case No. 1:20cv337

Timothy Eppans, 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 June 15, 2020 (Doc. 4). Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further 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. 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, the Complaint (Doc. 3) is DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), with the exception of plaintiff’s claims against defendant Eppans in his individual capacity.

1 The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this Order adopting this Report and Recommendation would not be taken in good faith. The Court would therefore deny plaintiff’s 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