Leigh v. Warden, London Correctional Institution

SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON BRANDON W. LEIGH : Case No. 3:24-cv-192 : Petitioner, : : District Judge Thomas M. Rose vs. : Magistrate Judge Elizabeth P. Deavers : WARDEN, LONDON : CORRECTIONAL INSTITUTION, : : Respondent. : : ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. NO. 2) This case is currently before the Court on the Report and Recommendation (“Report”) (Doc. No. 2) issued by Magistrate Judge Elizabeth P. Deavers. In the Report, Magistrate Judge Deavers recommends that petitioner’s Motion for Leave to Proceed in forma pauperis (Doc. No. 1) be denied and that petitioner be ordered to pay the Court’s $5.00 filing fee within 30 days of any order adopting the Report. (Doc. No. 2 at PageID 17.)

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. Noting that no objections to Magistrate Judge Deavers’ Report 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 (Doc. No. 2).

It is therefore ORDERED that: 1. Petitioner’s Motion for Leave to Proceed in forma pauperis (Doc. No. 1) is DENIED; and 2. Petitioner shall pay the $5.00 filing fee within 30 days of this Entry and Order; and the full filing fee, this case may be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); see also Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962).

DONE and ORDERED in Dayton, Ohio, this Friday, August 2, 2024. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE