Campbell v. Dayton Ohio Police Department et al

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOHN WILLIAM CAMPBELL,
Plaintiff,
v.
DAYTON OHIO POLICE DEPARTMENT.
et al.,
Defendants.
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Case No. 3:25-cv-347
Judge Thomas M. Rose
Magistrate Judge Caroline H. Gentry
______________________________________________________________________________
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION
(DOC. NO. 6) AND DISMISSING PLAINTIFF’S COMPLAINT (DOC. NO. 4)
WITH PREJUDICE UNDER 28 U.S.C. § 1915(e)(2)(B)
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Currently before the Court is the Report and Recommendation (the “Report”) (Doc. No. 6)
issued by Magistrate Judge Caroline H. Gentry. In her Report, Magistrate Judge Gentry
recommends that the Court dismiss Plaintiff John Cambell’s (“Plaintiff”) Complaint (Doc. No. 4)
pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim on which relief may be granted.
(Doc. No. 6 at PageID 43–45.) Magistrate Judge Gentry further recommends that, because
reasonable jurists would not disagree with this conclusion, Plaintiff be denied a certificate of
appealability and not be permitted to proceed in forma pauperis. (Id. at PageID 45 (citing
28 U.S.C. 1915(a)(3)).)
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court
has made a de novo review of the record in this case. Upon said review, the Court ADOPTS the
Report and Recommendation (Doc. No. 6), without objection. Wherefore, the Court DISMISSES
Plaintiff’s Complaint (Doc. No. 4) pursuant to 28 U.S.C. § 1915(e)(2)(B) WITH PREJUDICE.
Because reasonable jurists would not disagree with this conclusion, Plaintiff is DENIED a
Case: 3:25-cv-00347-TMR-CHG Doc #: 7 Filed: 01/26/26 Page: 1 of 2 PAGEID #: <pageID>

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certificate of appealability, and the Court CERTIFIES to the Sixth Circuit that any appeal would
be objectively frivolous, and therefore, Plaintiff should not be permitted to proceed in forma
pauperis. The Clerk is hereby directed to TERMINATE this action on the Court’s docket.
DONE and ORDERED in Dayton, Ohio, this Monday, January 26, 2026.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00347-TMR-CHG Doc #: 7 Filed: 01/26/26 Page: 2 of 2 PAGEID #: <pageID>