Clay v. Gateway Financial Solutions

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
KEVIN CLAY,
Plaintiff,
v.
GATEWAY FINANCIAL
SOLUTIONS,
Defendant,
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Case No. 3:24-cv-10
Judge Thomas M. Rose
Magistrate Judge Caroline H. Gentry
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ENTRY AND ORDER ADOPTING THE REPORT AND RECOMMENDATION
(DOC. NO. 4), AND DISMISSING PLAINTIFF’S COMPLAINT (DOC. NO. 3)
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Currently before the Court is the Report and Recommendation (Doc. No. 4) of Magistrate
Judge Caroline H. Gentry, issued on November 7, 2025. 	Therein, Magistrate Judge Gentry
recommends that the Court dismiss Plaintiff Kevin Clay’s (“Plaintiff”) pending federal claims for
failure to state a claim upon which relief may be granted. (Id. at PageID 25-27.) Magistrate Judge
Gentry further recommends that the Court dismiss Plaintiff’s pending state law claims, as he
cannot conceivably establish diversity jurisdiction. (Id. at PageID 28-30.)
The Court has conducted a de novo review of the record in this case and, noting that no
objections have been filed regarding Magistrate Judge Gentry’s Report and Recommendation, and
that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, the Court hereby
ADOPTS Magistrate Judge Gentry’s Report and Recommendation (Doc. No. 4) in its entirety.
Accordingly, Plaintiff’s Complaint (Doc. No. 3) is hereby DISMISSED and the Clerk is directed
to TERMINATE this matter on the Court’s docket. The Court further CERTIFIES that an appeal
Case: 3:24-cv-00010-TMR-CHG Doc #: 5 Filed: 12/05/25 Page: 1 of 2 PAGEID #: <pageID>

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of this Order would not be taken in good faith and Plaintiff is therefore DENIED leave to appeal
in forma pauperis.
DONE and ORDERED in Dayton, Ohio, this Friday, December 5, 2025.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Case: 3:24-cv-00010-TMR-CHG Doc #: 5 Filed: 12/05/25 Page: 2 of 2 PAGEID #: <pageID>