Simmons v. Masse

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Robert L. Simmons,

Plaintif{(s) : : Case Number: 1:20cev809 VS. : Chief Judge Susan J, Dlott Mr. Massie, et al.,

Defendant(s)

ORDER

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on October 29, 2020 (Doc. 6), to whom this case was referred pursuant to 28 U.S.C. §636(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, plaintiff's claims are DISMISSED with prejudice.

The Court certifies pursuant to 28 U.S.C. §1915(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, 178 F.3d 800, 803 (6" Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6" Cir. 1997).

IT IS SO ORDERED.

Judge Susan J. Distt] oe United States Distriog Court