McClelland v. City of Steubenville

Judge Michael H. Watson

OPINION AND ORDER

Montel McClelland ("Plaintiff"), proceeding without the assistance of counsel, filed this case and moved to proceed in forma pauperis. Mot., ECF No. 1. The Magistrate Judge issued a Report and Recommendation ("R&R") recommending dismissal pursuant to 28 U.S.C. § 1915(a). R&R, ECF No. 4.

The R&R notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. § 636(b)(1). Id. The R&R advised the parties that the failure to object to the R&R within fourteen days would result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the decision of the District Court adopting the R&R. Id. The deadline for filing such objections has passed, and no objections were filed.

Having received no objections, the R&R is ADOPTED, and Plaintiff's Complaint is DISMISSED. ECF No. 4. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that for the reasons stated in the R&R, any appeal of this Order would not be taken in good faith and therefore DENIES Plaintiff leave to appeal in forma pauperis. The Clerk is DIRECTED to terminate this case.

IT IS SO ORDERED.

/s/ Michael H . Watson

MICHAEL H. WATSON, JUDGE

UNITED STATES DISTRICT COURT