Manton v. Scales, Jr.

IN THE UNITED STATES DISTRICTCOURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERNDIVISION- CINCINNATI
SHEREETAS. MANTON/
Plaintiff,
V.
Case No. l:25-cv-915
Judge Matthew W. McFarland
ODELL SCALES/JR./
Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 5)
The Court has thoroughly reviewed the Report and Recommendation of United
States Magista-ate Judge Karen L. Litkovitz (Doc. 5), to whom this case is referred. No
objections have been filed and the time for filing such objections under Fed. R. Civ. P.
72(b) has expired. The record indicates that the Report and Recommendation was mailed
to Plaintiff, but it was returned as undeliverable. (See Mail Returned/ Doc. 7. ) Plaintiffs
bear the responsibility of keeping the courts advised of their current address. See Barber
v. Runyon, No. 93-6318/1994 WL 163765, at *1 (6th Cir. May 2/ 1994); Banks v. Warden,
Franklin Med. Ctr., No. 2:11-CV-1117/ 2014 WL 116876, at *1 (S. D. Ohio Jan. 10, 2014).
Upon review/ the Court hereby ADOPTS the Report and Recommendation (Doc.
5) with the following modifications and ORDERS that:
1. The Complaint is DISMISSED WITHOUT PREJUDICE for lack of subject
matter jurisdiction and pursuant to 28 U. S. C. § 1915(e)(2)(B); and
2. The Court CERTIFIES pursuant to 28 U. S. C. § 1915(a) that an appeal of this
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Order would not be taken in good faith for the reasons explained in the Report
and Recommendation (Doc. 5) and therefore DENIES Plaintiff 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 (6th Cir.
1999).
IT IS SO ORDERED.
UNITEDSTATESDISTRICTCOURT
SOUTHERNDISTRICTOF OHIO
By:^»L^.^
JUDGE MATTHEW W. McFARLAND
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