Streeter v. Spivey

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI NIKOLE STREETER, : Case No. 1:24-cv-371 As Trustee on behalf of Nikole Charmaine Hatton Living Revocable : Judge Matthew W. McFarland Trust, et al., : Magistrate Judge Stephanie K. Bowman Plaintiffs, ROBIN SPIVEY, et al., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 4)

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman (Doc. 4), 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 Recommendation in its entirety. The Court further notes that the Report and Recommendation, which was sent to Plaintiffs’ last known address, was returned as undeliverable. (See Doc. 5.) However, it is Plaintiffs’ responsibility to keep the Court advised of their current address. See Barber v. Runyon, No. 93-6318, 1994 WL 163765, at *1 (6th Cir. May 2, 1994); Banks v. Warden, Franklin Med. Ctr., No. 2:11-CV-1117, 2014 WL 116876, at *1 (S.D. Ohio Jan. 10, 2014).

Accordingly, the Court ORDERS the following: 1. This case is DISMISSED with prejudice for failure to state a claim for relief; 2. Pursuant to U.S.C. § 1915(a), it is hereby certified that any appeal of this Order would not be taken in good faith and that Plaintiffs are denied leave to appeal in forma pauperis. Plaintiffs remain free to apply to proceed in forma pauperis in the Court of Appeals; 3. This case is TERMINATED from the Court's docket. IT IS SO ORDERED.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO Hoh wus By: JUDGE MATTHEW W. McFARLAND