Opinion
Case No. 2:19-cv-1576
11-05-2019
Christopher Foster, Plaintiff, v. Ohio Department of Rehabilitation & Corrections, et al., Defendants.
Magistrate Judge Jolson
OPINION AND ORDER
Magistrate Judge Jolson issued the most recent Report and Recommendation ("R&R") in this case on October 8, 2019, recommending the Court deny Plaintiff's motion for leave to proceed in forma pauperis and direct Plaintiff, if he intends to pursue this action, to pay the full $400.00 filing fee within thirty days. R&R, ECF No. 15. Plaintiff timely objected. Obj., ECF No. 16.
Pursuant to Federal Rule of Civil Procedure 72(b), the Court has conducted a de novo review of the Amended Complaint and R&R. The Court agrees that the Amended Complaint fails to allege that Plaintiff faces an imminent danger of serious physical injury, and Plaintiff's objection is OVERRULED.
The Court ADOPTS the R&R and DENIES Plaintiff's motion for leave to proceed in forma pauperis. If Plaintiff wishes to proceed with this action, he must pay the full $400.00 filing fee within THIRTY DAYS. Failure to timely pay the filing fee will result in dismissal. The Clerk is DIRECTED to mail a copy of the R&R, ECF No. 15, and Plaintiff's Complaints, ECF Nos. 1,2, & 13, to the Warden of the Southern Ohio Correctional Facility. The Clerk shall terminate ECF No. 1.
IT IS SO ORDERED.
/s/ Michael H . Watson
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT