Duhart v. Clement

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Wellon C. Duhart, Plaintiff, v. Case No. 1:20cv314 Mark Clement, CEO of TriHealth, 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 April 24, 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 R&R 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 Complaint (Doc. 3) is DISMISSED as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B) and for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(h)(3).

Any request for certificate of appealability or request to certify an appeal would not be taken in good faith and would be denied.

IT IS SO ORDERED.

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