Opinion
Case No. 3:11cv160
09-13-2011
ANTHONY MITCHELL, Plaintiff, v. DMHA, et al., Defendants.
JUDGE WALTER HERBERT RICE
DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS
OF UNITED STATES MAGISTRATE JUDGE (DOC. #4) IN THEIR
ENTIRETY AND OVERRULING PLAINTIFF'S OBJECTIONS THERETO
(DOC. #5); JUDGMENT TO ENTER IN FAVOR OF THE DEFENDANTS
AND AGAINST PLAINTIFF HEREIN; ANTICIPATED MOTION FOR LEAVE
TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY
Pursuant to the reasoning and citations of authority set forth in the Report and Recommendations of the United States Magistrate Judge (Doc. #4), as well as upon a thorough de novo review of this Court's file and the applicable law, said Report and Recommendations are adopted in their entirety. The Plaintiff's Objections to said judicial filing (Doc. #5) are overruled.
Judgment will be entered ordered in favor of Defendants and against Plaintiff herein, dismissing the Plaintiff's Complaint, without prejudice to a refiling, subject to the applicable Rules and legal authority.
Given that any appeal from this Court's opinion would be objectively frivolous and, therefore, not be taken in good faith, leave to appeal in forma pauperis is denied.
The captioned cause 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
UNITED STATES DISTRICT JUDGE
Copies to: Anthony Mitchell, Pro Se