Littlepage v. Nadel
Littlepage v. Nadel
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT CINCINNATI DANIEL LITTLEPAGE, : Case No. 1:20-cv-962 Petitioner, : Judge Matthew W. McFarland : Magistrate Judge Michael R. Merz v. JUDGE NORBERT A. NADEL, : Respondent. :
ORDER ADOPTING REPORTS AND RECOMMENDATIONS (Docs. 14, 17, 20), OVERRULING OBJECTIONS, and DENYING MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS (Doc. 13)
This action is before the Court on Magistrate Judge Michael R. Merz’s Reports and Recommendations (Docs. 14, 17, 20). This matter was terminated on December 27, 2022, when the Court determined it had no jurisdiction. (Doc. 9.) Petitioner then filed a motion for leave to appeal in forma pauperis. Magistrate Judge Merz concluded that Petitioner has not presented any issue to be raised on appeal that is not objectively frivolous. He recommended denying Petitioner’s motion and certifying that any appeal would be objectively frivolous. (Doc. 14.) Petitioner objected. Magistrate Judge Merz reviewed the objections but adhered to his prior recommendation. This process repeated but Magistrate Judge Merz again reached the same conclusion. 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 such review, the Court finds that Petitioner’s objections fail to identify any error and are accordingly
OVERRULED. Thus, the Court ORDERS as follows: (1) The Court ADOPTS the Reports and Recommendations (Docs. 14, 17, 20) in their entirety. (2) Petitioner’s motion for leave to appeal in forma pauperis (Doc. 13) is DENIED. (3) 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 be objectively frivolous, 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). IT IS SO ORDERED. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO Wer well By: JUDGE MATTHEW W. McFARLAND
Reference
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