Draper v. Newman et al, No. 3:2023cv00148 - Document 8 (S.D. Ohio 2024)
Court Description: DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATION OF JUNE 5,2023, (DOC. # 7 ) CAPTIONED CAUSE DISMISSED AS DUPLICATIVE; BOTH CERTIFICATE OF APPEALABILITY AND ANY FUTURE APPLICATION TO PROCEED IN FORMA PAUPERIS DENIED; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 3/1/2024. (bjr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Draper v. Newman et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERNDP/ISION Pierre Lemone Draper Plaintiff, CaseNo. 3:23-cv-148 JudgeWalterH. Rice Magistrate Judge Stephanie K. Bowman vs. Michael J. Newman et al. Defendant. DECISIONAND ENTRY ADOPTING REPORT AND RECOMMENDATION OF JUNE 5, 2023, (DOC. #7) CAPTIONED CAUSEDISMISSEDAS DUPLICATIVE; BOTH CERTIFICATEOFAPPEALABILITYANDANYFUTUREAPPLICATIONTO PROCEEDINFORMAPAUPERISDENIED;TERMINATIONENTRY Based upon the reasoning and citations of authority set forth by the United States Magistrate Judge, in her Order and Report and Recommendation, a thorough review of this Court's file, as well as Case No. l:23-cv-265, and, not least of all, the applicable law, and, further, noting that no objections have been filed to said judicial filing, this Court adopts said Order and Report and Recommendation in its entirety. The captioned cause is ordered dismissed as duplicative ofCaseNo. l:23-cv-265 and, additionally, for want ofprosecution. Given that jurists of reason would not find this Court's decision debatable, this Court denies an anticipated request for a certificate of appealability. Further, any appeal of this order would be objectively frivolous, and therefore, not in good faith. As a result, Petitioner would be denied any leave to appeal, untimely though it might be, in forma pauperis. Dockets.Justia.com The captioned cause is ordered terminated upon the docket records ofthe United States District Court for the Southern District of Ohio, Western Division, at Dayton. DATE: ^-(-A^ f&^^v ^ C-<->WALTERH. MCE UNITED STATES DISTRICT JUDGE c: Pierre Lemone Draper
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