McuGlone v. Warren Correctional Institution

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Jerry L. McGlone, II, Plaintiff, v. Case No. 1:19cv1058 Warren, Correctional Institution, et al., Judge Michael R. Barrett Defendants.

ORDER This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on January 23, 2020 (Doc. 4).

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, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 4) have been filed.

Accordingly, it is ORDERED that the R&R (Doc. 4) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, plaintiff’s motion to proceed in forma pauperis (Doc. 3) is DENIED. Plaintiff is ordered to pay the full $400.00 filing fee ($350.00 plus a $50.00 administrative fee) required to commence this action within thirty (30) days of the date of this Order. Plaintiff is notified that failure to pay the full filing fee of $400.00 within thirty (30) days of the date of this Order will result in the dismissal of this civil action. See In re Alea, 286 F.3d 1 378, 382 (6th Cir. 2002). Finally, pursuant to 28 U.S.C. § 1915(a)(3), this Court certifies that an appeal of this Order would not be taken in good faith. See McGore v. Wrigglesworth, 114 F.3d 601, 610–11 (6th Cir. 1997).

IT IS SO ORDERED.

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