Caldwell v. West Chester Police Department

District Court, S.D. Ohio

Caldwell v. West Chester Police Department

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

RAPHAEL ROBERT CALDWELL, : Case No. 1:21-cv-657 : Plaintiff, : Judge Timothy S. Black : vs. : Magistrate Judge Karen L. Litkovitz : WEST CHESTER POLICE : DEPARTMENT, et al., : : Defendants. :

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 23)

This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and, on March 6, 2023, submitted a Report and Recommendation, recommending that case be dismissed for want of prosecution. Plaintiff did not file objections and the time for doing so has expired. As required by

28 U.S.C. § 636

(b) and Fed. R. Civ. P. 72, the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court finds that the Report is adopted in its entirety. Accordingly, for the reasons stated above: 1. The Report and Recommendation (Doc. 23) is ADOPTED in its entirety. 2. The case is DISMISSED with prejudice for want of prosecution pursuant to Fed. R. Civ. P 41(b). 3. The Court CERTIFIES that, pursuant to

28 U.S.C. § 1915

(a)(3), an appeal of this Court’s Order would not be taken in good faith and DENIES Plaintiff leave to appeal in forma pauperis. See McGore v. Wrigglesworth,

114 F.3d 601

(6th Cir. 1997). 4. The Clerk shall enter judgment accordingly and terminate the action upon the docket of this Court. IT IS SO ORDERED. Date: 3/27/2023 s/Timothy S. Black Timothy S. Black United States District Judge

Reference

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