UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

: DESSALINES SEALY, :

: Plaintiff, : Case No. 1:22-cv-651 : v. : Judge Jeffery P. Hopkins : MICHAEL BARRETT, et al., :

: Defendants. :

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation (Doc. 5) issued by Magistrate Judge Stephanie K. Bowman on December 22, 2022. After performing an initial screen of Plaintiff’s Complaint pursuant to

(e)(2), the Magistrate Judge recommended that the Court dismiss Plaintiff’s Complaint in its entirety for failure to state a claim on which relief may be granted. The Court has reviewed Plaintiff’s Complaint and the Report and Recommendation. Noting that no objections have been filed and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby ADOPTS the Report and Recommendation in its entirety. Accordingly, it is hereby ORDERED that the Complaint be DISMISSED with prejudice for failure to state a claim on which relief may be granted. For the reasons stated in the Report and Recommendation and pursuant to

(a)(3), the Court certifies that an appeal of this Order would lack an arguable basis in law or in fact and thus would not be taken in good faith. The Court accordingly DENIES Plaintiff leave to appeal in forma pauperis. In accordance with Fed. R. App. P. 24(a)(5), Plaintiff remains free to file a motion for leave to proceed on appeal in forma pauperis in the Sixth Circuit Court of Appeals. Callihan v. Schneider,

(6th Cir. 1999), IT IS SO ORDERED.

Dated: April 3, 2023 ° HotY Uef#ty P. Hopkins United States District Judge