Portnov v. Readler

District Court, S.D. Ohio

Portnov v. Readler

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION - CINCINNATI ABRAHAM PORTNOV, : Case No. 1:20-cv-475 Plaintiff, Judge Matthew W. McFarland v : CHAD A. READLER, Defendant.

ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 4)

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Karen L. Litkovitz (Doc. 4), to whom this case is referred pursuant to

28 U.S.C. § 636

(b). Noting that no objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS said Report and Recommendations in its entirety. Accordingly, this action is DISMISSED with prejudice, pursuant to

28 U.S.C. § 1915

(e)(2)(B), because it is frivolous, fails to state a claim upon which relief may be granted, and seeks monetary relief from a defendant who is immune from such relief. See Neitzke v. Williams,

490 U.S. 319, 328-29

(1989); see also Lawler v. Marshall,

898 F.2d 1196, 1198

(6th Cir. 1990). Furthermore, pursuant to U.S.C. § 1915(a), it is hereby certified that an appeal of this Order would not be taken in “good faith.” See McGore v. Wrigglesworth,

114 F.3d 601

(6th Cir. 1997). 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

(6th Cir. 1997). IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO Wert By: JUDGE MATTHEW W. McFARLAND

Reference

Status
Unknown