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United States District Court, S.D. Ohio, Western Division at DaytonJun 16, 2008
Case No. 3:08CV158. (S.D. Ohio Jun. 16, 2008)

Case No. 3:08CV158.

June 16, 2008


The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #3), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby adopts said Report and Recommendations. It is therefore ORDERED that:

1. The Report and Recommendations filed on May 23, 2008 (Doc. #3) is ADOPTED;
2. Plaintiff's Complaint is DISMISSED with prejudice as to his federal claims and without prejudice as to his potential state law claims.
3. The Court certifies pursuant to 28 U.S.C. § 1915(a) that an appeal by Plaintiff would not be taken in good faith, and consequently, leave for Plaintiff to appeal in forma pauperis is denied; and
4. This case is terminated on the docket of this Court.

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