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16-148 - Matthews v. United States et al


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16-148 - Matthews v. United States et al
May 9, 2016
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REPORT AND RECOMMENDATIONS: 2 Plaintiff's Complaint be DISMISSED; the Court certify that Plaintiff's appeal from this Court, if any, would not be taken in good faith; and, the case be terminated on the docket of this Court. Objections to R&R due by 5/26/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 5/9/16. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 23, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #4); OVERRULING PLAINTIFF'S OBJECTIONS THERETO (DOC. #5); DISMISSING FEDERAL CLAIMS WITH PREJUDICE, AND DISMISSING STATE CLAIMS WITHOUT PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; DENYING ANTICIPATED REQUEST FOR LEAVE TO APPEAL IN FORMA PAUPERIS AND CERTIFICATE OF APPEALABILITY; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 5/23/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 8, 2016
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REPORT AND RECOMMENDATIONS: 1) Plaintiff's Cause of Action and Notice 8, 9 be DISMISSED; 2)The case remain terminated on the docket of this Court. Objections to R&R due by 9/26/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 9-8-16. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 4, 2016
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #10); DISMISSING PLAINTIFF'S "CAUSE OF ACTION" (DOC. #8) AND "NOTICE" (DOC. #9) WITH PREJUDICE; JUDGMENT TO ENTER IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF; DENYING ANTICIPATED REQUEST FOR CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; CASE TO REMAIN TERMINATED- Based on the reasoning and citations of authority set forth by United States Chief Magistrate Judge Sharon L. Ovington, in her Report and Recommendations, Doc. #10, as well as on a thorough de novo review of this Court's file and the applicable law, the Court ADOPTS said judicial filing in its entirety. Although Plaintiff was notified of his right to file Objections to the Report and Recommendations, and of the consequences of failing to do so, no Objections have been filed within the time allotted. Accordingly, the Court DISMISSES Plaintiff's "Cause of Action," Doc. #8, and his "Notice," Doc.#9, WITH PREJUDICE. Judgment shall be entered in favor of Defendants and against Plaintiff. Given that any appeal of this Decision and Entry would be objectively frivolous, the Court again denies Plaintiff's anticipated request for a certificate of appealability and leave to appeal in forma pauperis. This case shall remain terminated on the Court's docket. Signed by Judge Walter H. Rice on 10/4/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (kma).