Lin v. United States Attorney General

District Court, S.D. Ohio

Lin v. United States Attorney General

Trial Court Opinion

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

YONG LIN, : Case No. 1:19-cv-731 : Plaintiff, : Judge Matthew W. McFarland : Magistrate Judge Karen L. Litkovitz v. : : UNITED STATES ATTORNEY : GENERAL, et al., : : Defendants. : ______________________________________________________________________________

ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 27) AND TERMINATING CASE ______________________________________________________________________________ This action is before the Court on Magistrate Judge Karen Litkovitz’s Report and Recommendation (Doc. 27). This matter was referred to Magistrate Judge Litkovitz pursuant to

28 U.S.C. § 636

(b). She recommends that the action be dismissed with prejudice for want of prosecution. Plaintiff has not filed objections and the time to do so has expired. Fed. R. Civ. P. 72(b). 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 review, the Court ADOPTS the Report and Recommendation and ORDERS as follows: (1) The case is DISMISSED WITH PREJUDICE for the reasons stated in the Report. (2) The Court CERTIFIES pursuant to

28 U.S.C. § 1915

(a) that, for the reasons expressed in the Report, an appeal of this Order adopting the Report would not be taken in good faith, and therefore DENIES plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth,

114 F.3d 601, 611

(6th Cir. 1997), overruled on other grounds, Jones v. Bock,

549 U.S. 199, 203

(2007). Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. Callihan v. Schneider,

178 F.3d 800, 803

(6th Cir. 1999). (3) This matter is TERMINATED from the Court’s docket. IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO By we WH ible JUDGE MATTHEW W. McFARLAND

Reference

Status
Unknown