Penn v. C.O. Eash
This text of Penn v. C.O. Eash (Penn v. C.O. Eash) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI RAYSHAWN J. PENN, : Case No. 1:22-cv-262 Plaintiff, Judge Matthew W. McFarland
v C.O. EASH, et al., Defendant.
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 20) The Court has reviewed the Report and Recommendations of United States Magistrate Judge Stephanie K. Bowman (Doc. 20), to whom this case is referred pursuant to 28 U.S.C. § 636(b). Noting that no objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS said Report and Recommendations in its entirety. Accordingly, Plaintiff's claim against Defendant Eash in his official capacity is DISMISSED, but the excessive force claim against Defendant Eash in his individual capacity shall proceed. Additionally, Defendant’s Motion to Dismiss (Doc. 10) is DENIED as moot. Lastly, the Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3) that, for the reasons outlined in the Report and Recommendations, an appeal of this Order would not be taken in good faith. Therefore, Plaintiff is DENIED leave to appeal in forma pauperis. See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).
IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO Werk Wt < By: JUDGE MATTHEW W. McFARLAND
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