UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

JENNIFER CURTIS, Administrator of the Estate of Cawlena English, Plaintiff, v. Case No. 1:24cv126

DEBORAH LEWIS, et al.

Defendants.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on March 22, 2024 (Doc. 5). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties may forfeit rights on appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge’s R&R (Doc. 5) have been filed and the time to do so has expired. Accordingly, it is ORDERED that the R&R (Doc. 5) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Ms. Lewis’s petition for removal of a state probate court action to this federal court is DENIED. This matter is DISMISSED from the docket of the Court. This matter is REMANDED to the state probate court. See 28 U.S.C. § 1447(c). The Court certifies pursuant to 28 U.S.C. § 1915(a) that for the foregoing reasons an appeal of this Order would not be taken in good faith and therefore denies Ms. Lewis leave to appeal in

1 forma pauperis. Ms. Lewis should be advised that she remains free to apply to proceed in forma pauperis in the Court of Appeals. See Callihan v. Schneider, 178 F.3d 800, 803 (6th Cir. 1999), overruling in part Floyd v. United States Postal Serv., 105 F.3d 274, 277 (6th Cir. 1997). IT IS SO ORDERED. s/Michael R. Barrett Michael R. Barrett, Judge United States District Court