Mathieu v. City of Cincinnati Police Impound

District Court, S.D. Ohio

Mathieu v. City of Cincinnati Police Impound

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

: JAMES MATHIEU, : : Plaintiff, : : Case No. 1:22-cv-252 v. :

: Judge Jeffery P. Hopkins CITY OF CINCINNATI POLICE : IMPOUND, : : Defendant. : :

ORDER ADOPTING REPORT AND RECOMMENDATION

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz (Doc. 23) to whom this case was referred pursuant to

28 U.S.C. § 636

(b). 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 said Report and Recommendation in its entirety. Accordingly, it is hereby ORDERED that the Complaint be DISMISSED with prejudice for want of prosecution pursuant to Fed. R. Civ. P. 41(b). For the reasons stated in the Report and Recommendation and pursuant to

28 U.S.C. § 1915

(a), the Court certifies that an appeal of this Order 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,

178 F.3d 800, 803

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

Dated: June 15, 2023 Porppag Rahesrnn / Hon. Wefféry P. Hopkins United States District Judge

Reference

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