Fields v. Preble County Jail

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON SAMUEL A. FIELDS, Plaintiff, Case No. 3:25-cv-260 vs. PREBLE COUNTY JAIL, et al., District Judge Michael J. Newman Magistrate Judge Stephanie K. Bowman Defendants. _______________________________________________________________________________________ ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. No. 5); (2) DISMISSING THIS CASE WITHOUT PREJUDICE FOR WANT OF PROSECUTION; (3) CERTIFYING THAT AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH AND FINDING THAT PLAINTIFF SHOULD BE DENIED LEAVE TO APPEAL IN FORMA PAUPERIS; AND (4) TERMINATING THIS CASE ON THE DOCKET _______________________________________________________________________________________ The Court has reviewed the Report and Recommendation of Magistrate Judge Stephanie K. Bowman (Doc. No. 5), to whom this case was referred pursuant to 28 U.S.C. § 636(b). The parties have not filed objections to the Report and Recommendation and the time for doing so under Fed. R. Civ. P. 72(b) has expired. Upon careful review of the foregoing, and construing Plaintiff’s pro se allegations in his favor,1 the Court determines that the Report and Recommendation should be adopted. Accordingly, the Court: (1) ADOPTS the Report and Recommendation of the Magistrate Judge in its entirety; (2) DISMISSES this case WITHOUT PREJUDICE for want of prosecution pursuant to Fed. R. Civ. P. 41(b); (3) CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of this Order would not be taken in good faith, and finds that Plaintiff should be denied leave to appeal in forma pauperis; and (4) TERMINATES this case on the docket. 1 As with all pro se litigants, Plaintiff’s documents and allegations are liberally construed in his favor. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). IT IS SO ORDERED. May 11, 2026 s/Michael J. Newman Hon. Michael J. Newman United States District Judge