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

Robert Simmons, : Plaintiff(s), : : Case Number: 1:20cv1 VS. : : Judge Susan J. Dlott Rodney McMullen, et al., : Defendant(s). : ORDER The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on January 7, 2020 (Doc. 4), to whom this case was 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) expired January 21, 2020, hereby ADOPTS said Report and Recommendation. Accordingly, plaintiffs claims are DISMISSED with prejudice. The Court certifies pursuant to 28 U.S.C. §1915(a) that an appeal of any Order adopting the Report and Recommendation will not be taken in good faith. Therefore, plaintiff is DENIED leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6" Cir. 1999), overruling in part lloyd v. United States Postal Serv., 105 F.3d 274, 277 (6" Cir. 1997). IT IS SO ORDERED.

Judge didec United States District Court