Margaret Heis v. Hamilton County Government, et al.

District Court, S.D. Ohio

Margaret Heis v. Hamilton County Government, et al.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

MARGARET HEIS, : : Plaintiff, : Case No. 1:25-cv-478 : vs. : Judge Jeffery P. Hopkins : HAMILTON COUNTY : GOVERNMENT, et al., : : Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court on the Report and Recommendation (Doc. 7) issued by Chief Magistrate Judge Stephanie K. Bowman on July 28, 2025. The Magistrate Judge recommends that this case be dismissed with prejudice under

28 U.S.C. § 1915

(e)(2) for failure to state a claim. Doc. 7, PageID 47. No objections have been filed and the time for filing such objections under Fed. R. Civ. P. 72(b) has expired. Having carefully reviewed the comprehensive findings and conclusions of the Magistrate Judge and finding no clear error, the Court hereby ADOPTS the Report and Recommendation in its entirety. See Fed. R. Civ. P. 72 (advisory committee notes from 1983 amendment) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation”); see e.g., Roane v. Warden of Corr. Reception Ctr., No. 2:22-cv-2768,

2022 WL 16535903

, at *1 (S.D. Ohio Oct. 28, 2022). Accordingly, it is ORDERED that this case 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

28 U.S.C. § 1915

(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 Plaintiffleave 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 im 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: October 29, 2025 Bg Lele , HéAJegery P. Hopkins United States District Judge

Reference

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