Rife v. Jones ( 2022 )


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  • UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Daniel Rife, Plaintiff, v. Case No. 1:22-cv-00144 J Jones, Judge Michael R. Barrett Defendant. ORDER This matter is before the Court on the Magistrate Judge's Report and Recommendation ("R&R"). (Doc. 7). Proper notice has been given to Plaintiff under 28 U.S.C. § 636(b)(1)(C), including notice that he would waive further appeal if he failed to file objections to the R&R in a timely manner. (Doc. 8); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the R&R have been filed, and the time to file any objections has now passed. See S.D. Ohio Civ. R. 7.2(a)(2). In light of the foregoing, it is hereby ORDERED that the R&R (Doc. 7) is ADOPTED in full. Consistent with that R&R, it is ORDERED that, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b), any official capacity claim against Defendant Jones is DISMISSED; pursuant to 28 U.S.C. § 1915(a)(3), the Court CERTIFIES that any appeal of this Order would not be taken in good faith; and the Court DENIES Plaintiff leave to appeal in forma pauperis. IT IS SO ORDERED. _/s Michael R. Barrett________ Michael R. Barrett, Judge United States District Court

Document Info

Docket Number: 1:22-cv-00144

Filed Date: 5/26/2022

Precedential Status: Precedential

Modified Date: 6/27/2024