Ikharo v. Shanks

District Court, S.D. Ohio

Ikharo v. Shanks

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI MUSA IKHARO, Case No. 1:19-cv-256 Plaintiff, Judge Matthew W. McFarland C.T. SHANKS, et al., Defendants.

ENTRY AND ORDER OVERRULING OBJECTION (Doc. 12), ADOPTING REPORT AND RECOMMENDATION (Doc. 11), AND DENYING AS MOOT MOTION TO CORRECT (Doc. 13) This action is before the Court on Plaintiff's Objection (Doc. 12) to Magistrate Judge Stephanie K. Bowman’s Report and Recommendation (Doc. 11). Pursuant to

28 U.S.C. § 1915

(e)(2)(B), the Magistrate moved sua sponte to review the Plaintiff's Complaint (Doc. 10) to determine if it should be dismissed because it is frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief. (Doc. 11.) Upon said review, Magistrate Judge Bowman recommends that the Complaint should be dismissed with prejudice. Plaintiff objected to the Magistrate’s Report and Recommendation (Doc. 12) and this matter is now ripe for this Court's review. As required by

28 U.S.C. § 636

(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case. Upon said review, the Court finds that Plaintiff's Objection (Doc. 12) is not well-taken and is OVERRULED.

The Court ADOPTS the Magistrate’s Report and Recommendation (Doc. 11) in its entirety and, pursuant to

28 U.S.C. § 1915

(e)(2)(B), DISMISSES the Plaintiff's Complaint (Doc. 10) with prejudice. The Court further CERTIFIES under

28 U.S.C. § 1915

(a) that any appeal of this Order shall not be taken in good-faith and the Plaintiff shall be denied leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider,

178 F.3d 800, 803

(6th Cir. 1999), overruling in part Floyd v. United States Postal Serv.,

105 F.3d 274, 277

(oth Cir. 1997). Accordingly, Plaintiff's Motion to Correct Inadvertent Clerical Error (Doc. 13) is DENIED AS MOOT. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EWS By: ° JUDGE MATTHEW W. McFARLAND

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