IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Robert L. Simmons, : Plaintiff(s) : Case Number: 1:20cv810 VS. : : Judge Susan J. Dlott Mr. James Dailey, Jailer : Defendant(s) ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Stephanie K. Bowman filed on October 29, 2020 (Doc. 4), to whom this case was referred pursuant to

(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired November 12, 2020, hereby ADOPTS said Report and Recommendation. Accordingly, this case is DISMISSED with prejudice for failure to state any claim under

(e)(2). Plaintiff is warned that if he files any additional lawsuits that are deemed to be frivolous or duplicative, his litigation practice may be deemed to be vexatious, with the possibility that pre- filing restrictions will be imposed prior to permitting him to file new lawsuits. The Court certifies pursuant to

(a) that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith. Plaintiff is therefore, 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,

(6" Cir. 1999), overruling

in part Floyd v. United States Postal Serv.,

(6" Cir. 1997). IT IS SO ORDERED.

Judge Susan J. □□ United States District Court