McGlone v. D.R.C. Warren Correctional Institution

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI JERRY LAWRENCE McGLONE, II, : Case No. 1:22-cv-573 Plaintiff, : Judge Matthew W. McFarland : Magistrate Judge Kimberly A. Jolson v. : D.R.C. WARREN CORRECTIONAL INSTITUTION, et al., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 6) AND TERMINATING CASE

This action is before the Court on Magistrate Judge Kimberly A. Jolson’s Report and Recommendation (Doc. 6). This matter was referred to Magistrate Judge Jolson pursuant to 28 U.S.C. § 636(b). In the Report and Recommendation, Magistrate Judge Jolson recounts that the Court denied Plaintiff's motion to proceed in forma pauperis and ordered him to pay the $ 402.00 filing fee and administrative fees within thirty days. That time has passed and Plaintiff has failed to pay. Accordingly, Magistrate Judge Jolson recommends dismissing the matter for failure to pay. Plaintiff will remain liable for the $ 402.00 fee. Plaintiff has not filed objections to the Report and Recommendation and the time to do so has expired. Fed. R. Civ. P. 72(b). 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 ADOPTS the Report and Recommendation. Thus, the

Court ORDERS as follows: (1) The case is DISMISSED for the reasons stated in the Report. (2) Plaintiff is ASSESSED the full filing fees of $ 402.00. (3) The Clerk of Court is DIRECTED to mail a copy of this Order to the Cashier of the Warren Correctional Facility in Lebanon, Ohio, with instructions that the Cashier be directed as follows: The prison’s Cashier shall deduct, and forward to the Clerk of Court, 20% of the preceding month's income credited to Plaintiff's account each time the amount in the account exceeds $10.00 until the full fee has been paid. (4) 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 plaintiff 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). Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999). (5) This matter is TERMINATED from the Court's docket. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO oy Hoh WM olf JUDGE MATTHEW W. McFARLAND