UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Sean A. Gilmore,

Plaintiff,

v. Case No. 1:18cv349

Doctor Eddy, et al., Judge Michael R. Barrett

Defendant.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on November 6, 2019 (Doc. 24). Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters,

(6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 24) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 24) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, this case is DISMISSED for plaintiff’s failure to pay the full filing fee as ordered by the Court. Plaintiff SHALL BE ASSESSED the full filing fee of $400.00. The Clerk of Court is DIRECTED to mail a copy of this Order, along with a copy of the instructions for payment of a prisoner filing fee, to the Cashier of the Northeast Ohio Correctional Center in Youngstown, Ohio. The Cashier is directed to deduct, and forward to the Clerk of Court, 20% of the preceding month's income credited to plaintiff's account each

1 time the amount in the account exceeds $10.00 until the full fee has been paid. In addition, for the reasons set forth in the R&R (Doc. 24), the Court certifies, pursuant to

(a)(3), that an appeal of this Order would not be taken in good faith and thus plaintiff is denied leave to appeal in forma pauperis. See McGore v. Wrigglesworth,

, 610–11 (6th Cir. 1997). IT IS SO ORDERED.

/s/ Michael R. Barrett Michael R. Barrett, Judge United States District Court

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