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JONES v. CROFT, 2:12-545. (2014)

Court: District Court, S.D. Ohio Number: infdco20140411a71 Visitors: 11
Filed: Apr. 10, 2014
Latest Update: Apr. 10, 2014
Summary: ORDER GREGORY L. FROST, District Judge. This matter is before the Court for consideration of Plaintiff's notice of appeal (ECF No. 46) and motion for certificate of appealability (ECF No. 47). For the reasons that follow, the Court DENIES the motion and certifies that the appeal is not taken in good faith. On November 13, 2013, the Magistrate Judge issued a Report & Recommendation ("R&R") recommending that the Court grant summary judgment in Defendants' favor. (ECF No. 32.) The R&R informe
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ORDER

GREGORY L. FROST, District Judge.

This matter is before the Court for consideration of Plaintiff's notice of appeal (ECF No. 46) and motion for certificate of appealability (ECF No. 47). For the reasons that follow, the Court DENIES the motion and certifies that the appeal is not taken in good faith.

On November 13, 2013, the Magistrate Judge issued a Report & Recommendation ("R&R") recommending that the Court grant summary judgment in Defendants' favor. (ECF No. 32.) The R&R informed Plaintiff that his failure to object within fourteen days would result in a waiver of the rights to have the district judge review the R&R and to appeal the decision of the District Court adopting the R&R. (ECF No. 51, at 12.) Plaintiff failed to timely object to the R&R. As such, and after reviewing the R&R, the Court adopted the same on January 30, 2014 and granted summary judgment in favor of Defendants ("Order"). (ECF No. 43.)

Plaintiff subsequently filed a motion for leave to appeal in forma pauperis (ECF No. 45), notice of appeal (ECF No. 46), and a motion for certificate of appealability (ECF No. 47). The Magistrate Judge granted Plaintiff's motion for leave to appeal in forma pauperis. (ECF No. 48.)

Pursuant to 28 U.S.C. § 1915(a), an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. Because Plaintiff waived his right to appeal the Court's judgment by failing to submit timely objections to the R&R, see, e.g., United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981), his appeal is not taken in good faith.

For the foregoing reasons, the Court hereby CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) that Plaintiff's appeal of the Order a is not taken in good faith. Plaintiff's motion for a certificate of appealability is DENIED. (ECF No. 47.)

IT IS SO ORDERED.

Source:  Leagle

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