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