Opinion

Brown v. Wenker

Court
District Court, S.D. Ohio
Filed
Jan 8, 2025
Cited by
0 cases
Authority
More cited than 33.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

John Brown, :

:

Plaintiff, : Case No. 1:23-cv-00466-JPH

:

v. : Judge Jeffery P. Hopkins

:

Matthew F. Wenker, et al.,

:

:

Defendants.

:

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation issued by

Magistrate Judge Chelsey M. Vascura on July 28, 2023. Doc. 3. After performing an initial

screen of Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(e)(2), the Magistrate Judge

recommended that the Court dismiss Plaintiff’s Complaint in its entirety for failure to state a

claim on which relief may be granted. The Court has reviewed Plaintiff’s Complaint and the

Report and Recommendation. Noting that no objections have been filed and that the time for

filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS the

Report and Recommendation in its entirety.

Accordingly, it is hereby ORDERED that the Complaint be DISMISSED WITH

PREJUDICE for failure to state a claim on which relief may be granted. For the reasons

stated in the Report and Recommendation and pursuant to 28 U.S.C. § 1915(a)(3), the Court

certifies that an appeal of this Order would lack an arguable basis in law or in fact and thus

would not be taken in good faith. The Court accordingly DENIES Plaintiff leave to appeal in

forma pauperis. In accordance with Fed. R. App. P. 24(a)(5), Plaintiff remains free to file a

motion for leave to proceed on appeal in forma pauperis in the Sixth Circuit Court of Appeals.

Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999),

IT IS SO ORDERED.

Dated: January 8, 2025 °

n. . Hopkin

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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