UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

EDDIE VAN OLIVER, III,

Plaintiff,

v. Case No. 2:23-cv-4268 Judge Edmund A. Sargus, Jr. STATE OF OHIO HOUSING Magistrate Judge Elizabeth P. Deavers DEPARTMENT, et al.,

Defendants.

ORDER On February 26, 2024, the Magistrate Judge issued an Order and Report and Recommendation (“R&R”) (ECF No. 4) granting Plaintiff Eddie Van Oliver III’s request to proceed in forma pauperis (ECF No. 1). The Magistrate Judge ordered that Mr. Van Oliver be allowed to prosecute his case without prepayment of fees. (Id.) But the Magistrate Judge also recommended, after performing the initial screen of the Complaint, that the Court dismiss this action for failure to state a claim pursuant to

(e)(2). (Id. at PageID 97–98.) After summarizing Mr. Van Oliver’s claims, the Magistrate Judge determined that the Complaint is “compromised of ‘fantastic’ and ‘delusional’ factual allegations warranting dismissal for frivolousness” and “for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure.” (Id. at PageID 100–01, citing Apple v. Glenn,

(6th Cir. 1999).) Mr. Van Oliver was advised of his right to object to the Order and Report and Recommendation and of the consequences of failing to do so (id. at PageID 101–02), but did not file a timely objection. Accordingly, the Order and Report and Recommendation (ECF No. 4) is ADOPTED and AFFIRMED. This action is DISMISSED pursuant to

(e)(2). Further, the Court certifies that an appeal of this Order adopting the Magistrate Judge’s Order and Report and Recommendation would not be taken in good faith pursuant to

(a)(3). The

Clerk is DIRECTED to ENTER JUDGMENT and CLOSE this case.

IT IS SO ORDERED.

6/6/2024 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE