UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

William E. Martin,

Plaintiff,

V. Case No. 2:18-cv-270

Zamvir Zarlwala, Judge Michael H. Watson

Defendants. Chief Magistrate Judge Deavers

OPINION AND ORDER

William E. Martin ("Plaintir) filed this action on March 27, 2018, and

moved to proceed in forma pauperis. Mot., EOF No. 1. The Magistrate Judge

issued a Report and Recommendation ("R&R") recommending that the Court

dismiss most of PlaintifTs claims pursuant to 28 U.S.C. § 1915(e)(2)(B) and

1915A but permit Plaintiff to proceed with his claims against Zamir Zariwala

("Defendant"). R&R, EOF No. 3. The Court adopted the R&R on October 4,

2019. ECF No. 9. Thereafter, Defendant moved to dismiss Plaintiffs Complaint

on the basis that Plaintiff has had three prisoner civil rights cases dismissed

pursuant to 28 U.S.C. § 1915(e)(2)(B) forfailure to state a claim ("three strikes").

Mot. to Dismiss, ECF No. 13. Plaintiff opposed Defendant's motion. Resp., ECF

No. 14.

On April 2,2019, the Magistrate Judge issued a R&R recommending that

Defendant's motion to dismiss be denied without prejudice because Plaintiffs
three strikes do not require outright dismissal of the lawsuit. R&R 5-6, ECF No.

15. instead, the Magistrate Judge recommended that:

PiaintifTs in forma pauperis status be revokedQ; that Plaintiff be

required to pay the entire $400 fee required to commence this action

($350 filing fee plus $50 administrative fee) within thirty (30) days of

an Order adopting this Report and Recommendation; and that Plaintiff

be notified that his failure to pay the full fee within thirty (30) days will

result in the dismissal of the action.

R&R 6-7, ECF No. 15.

The R&R also recommended that the Court certify pursuant to 28 U.S.C.

§ 1915(a)(3) that for the reasons provided in the R&R, any appeal of the Order

adopting the R&R would not be taken in good faith and to therefore deny Plaintiff

leave to appeal in forma pauperis. Id. at 7.

Finally, the R&R notified the parties of their right to file objections to the

R&R pursuant to 28 U.S.C. § 636(b)(1). Id. The R&R advised the parties that

the failure to object to the R&R within fourteen days would result in a waiver of

the right to de novo review by the DistrictJudge and waiver of the right to appeal

the decision of the DistrictCourt adopting the R&R. Id. The deadline for filing

such objections has passed, and no objections were filed.

Having received no objections, the R&R is ADOPTED. Defendant's

motion to dismiss is DENIED WITHOUT PREJUDICE. ECF No. 13. PiaintifTs in

forma pauperis status is hereby REVOKED.

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Accordingly, Plaintiff is ORDERED to pay the entire $400 fee required to

commence this action ($350 filing fee plus $50 administrative fee) within thirty

(30) days of this Order. Plaintiff is warned that his failure to pay the full filing

fee within thirty (30) days will result in the dismissal of the action. Finaiiy,

the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that for the reasons

provided in the R&R, any appeal of the Order adopting the R&R would not be

taken in good faith and therefore DENIES Plaintiff leave to appeal in forma

pauperis.

IT IS SO ORDERED.

IICHAEL H. WATSON, JUDGE

UNITED STATES DISTRICT COURT

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