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Wilson v. City of Dayton

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Jan 2, 2014

Judgment

CaseIQ

WALTER HERBERT RICE

Judge Walter H. Rice Magistrate Judge Michael J. Newman
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATION (DOC. #3)
IN ITS ENTIRETY; OVERRULING PLAINTIFF'S OBJECTIONS (DOC. #4) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. #3); DISMISSING WITHOUT PREJUDICE PLAINTIFF'S COMPLAINT (DOC. #2) PURSUANT TO 28 U.S.C. § 1915(e)(2)(B); TERMINATION ENTRY

Based upon the reasoning and citations of authority set forth by United States Magistrate Judge Michael J. Newman in his Report and Recommendation filed December 16, 2013 (Doc. #3), as well as upon a thorough de novo review of this Court's file and the applicable law, this Court adopts the aforesaid Report and Recommendation in its entirety, and overrules Plaintiffs Objections (Doc. #4) thereto.

Plaintiff's complaint (Doc. #2) is dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B). If Plaintiff appeals this case to the Sixth Circuit Court of Appeals, he should be denied a certificate of appealability and leave to proceed in forma pauperis.

The captioned case is hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.

___________________

WALTER HERBERT RICE, JUDGE

UNITED STATES DISTRICT COURT