McDougald v. O'Connor

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Jerome McDougald,

Plaintiff,

v. Case No. 2:20–cv–3652

Maureen O’Connor, et al, Judge Michael H. Watson

Defendants. Magistrate Judge Deavers

OPINION AND ORDER

On August 24, 2020, Chief Magistrate Judge Deavers issued a Report and Recommendation (“R&R”), ECF No. 6, recommending that the Court deny Plaintiff’s motion to proceed in forma pauperis and that he be required to pay the filing fee in full. Id. The R&R notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. § 636(b)(1). ECF No. 6. The R&R advised the parties that the failure to object to the R&R within fourteen days would result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the decision of the District Court adopting the R&R. Id. The deadline for filing such objections has passed, and no objections were filed. Having received no objections, the R&R is ADOPTED. ECF No. 6. Plaintiff is ORDERED to pay the entire $400 filing fee within THIRTY DAYS of this Order. Plaintiff is warned that his failure to pay the full fee within thirty days will result in dismissal of this action. See In re Alea, 286 F.3d 378, 382 (6th Cir. 2002). Finally, the Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that for the reasons stated in the R&R, any appeal of this Order adopting the

R&R would not be taken in good faith and therefore DENIES Plaintiff leave to appeal in forma pauperis. IT IS SO ORDERED. /s/ Michael H. Watson________________ MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

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