Jones v. Director of Department of Rehabilitation and Corrections

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

AARON JONES, SR., Case No. 2:21-cv-5089 Plaintiff, v. Judge Graham

DIRECTOR OF DEPARTMENT OF Magistrate Judge Vascura REHABILITATIONS AND CORRECTIONS, et al.,

Defendant.

ORDER

This matter is before the Court for consideration of Magistrate Judge Vascura’s December 22, 2021 Report and Recommendation (“R&R”), Doc. 6. The R&R recommends that Plaintiff’s Motion for Leave to Proceed In Forma Pauperis, Docs. 3 and 5, be denied. Doc. 6 at 1. The basis for this recommendation is that Plaintiff is ineligible for Pauper status because he previously brought more than three cases which were dismissed as frivolous and his current case does not fall within the statutory exception. Doc. 6 at 2-3. The R&R specifically advised the parties that failure to object to the R&R within fourteen days “will result in a waiver of the right to have the District Judge review the Report and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of the District Court adopting the Report and Recommendation.” Doc. 6 at 4. The deadline for filing objections to the R&R has since expired, and no party has objected to the R&R. The Court agrees with Magistrate Judge Vascura’s R&R, Doc. 6, and it is hereby ADOPTED. Plaintiff’s motions, Docs. 3 and 5, are therefore DENIED. Plaintiff is ordered to pay the full $402 filing fee ($350 filing fee, plus $52 administrative fee) required to commence this action WITHIN THIRTY DAYS. Plaintiff is advised that his failure to timely pay the full $402 fee will result in the dismissal of this action. Plaintiff is further ORDERED to file a notice identifying all of his previously-dismissed cases in all pending federal cases in which he was granted leave to proceed in forma pauperis status. Plaintiff is advised that the Court will dismiss with prejudice any future case in which Plaintiff seeks in forma pauperis status without identifying

previously-dismissed cases in accordance with Sloan v. Lesza, 181 F.3d 857 (7th Cir. 1999). The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that an appeal of this Order would not be taken in good faith. IT IS SO ORDERED.

s/ James L. Graham JAMES L. GRAHAM United States District Judge

DATE: January 19, 2022